Can my brother evict me if my house is in probate?
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Can my brother evict me if my house is in probate?
My mom passed without a will, i have been living with her my
whole life, my brother has not been around but a few times a
year. The house was in my mom and step dads name but the
mortgage is in my dads, he went to my step dad after telling
me to be quiet about it and got him to sign his half to my
brother, now half is his and half is in probate and he filed
for eviction, is this legal and what can i do?
Asked on April 12, 2019 under Estate Planning, Utah
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Yes, he can remove you: he is an owner of the home based on what you write, while you are only a "guest"--someone who is neither an owner nor a rent-paying tenant and who was allowed to live there by an owner. However, the owner(s) who allowed you to live there, your mother and stepfather, no longer own it, since she passed away and he signed his interest in the house over to your brother. Therefore, as an owner, your brother has the right to tell any guest, including a relative, regardless of how long they have lived there, that they cannot stay any longer. If the guest (you) does not leave when asked, he can bring a legal action to remove you.
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