Eviction by executor

[nautilus174]

What is the name of your state (only U.S. law)? Delaware. I reside in a home that was owned by my father who passed away a few days ago. I have lived here for 12 years and was the sole caretaker of my father through a long battle with cancer. My brother is the executor of the estate and although the entire property is willed solely to myself he wishes to evict me for unknown reasons. There are no outstanding debts and no reason for him to believe I would damage or diminish the property while living here. Can he evict me? Can he charge me rent to remain in my home? I can't really afford an attorney but have to protect my rights as best I can. Thank you.

[JETX]

Originally Posted by nautilus174

My brother is the executor of the estate and although the entire property is willed solely to myself he wishes to evict me for unknown reasons. Can he evict me?

Can he?? Yes.
Will he?? Unlikely. The executor (personal representative) of an estate must comply with state probate laws and processes. He can't just do whatever he pleases. I suggest you contact a local attorney who can help to intervene in what will likely become a 'family war'.

Can he charge me rent to remain in my home?

Again, yes, he can try.

I can't really afford an attorney but have to protect my rights as best I can.

Based on your post, it is far more likely that you CAN'T afford NOT to have an attorney (if you want to protect your rights). Check with your local legal aid, or county/state Bar association.