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Heir Refuses To Vacate Estate Property

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smarti

Junior Member
What is the name of your state?What is the name of your state? Texas

My Mother passed away in January, 2005. I am the Executor of her will. There are four (4) heirs. Her estate consists of her home of 43 years, valued at $180K.

Her Will states that her Estate is to be divided equally among the four (4) children. A brother, 57 years old, has always lived at home, never moving away. He is now on Social Security Disability, approved after her death. He claims that Social Security gave him legal advice, stating that since he is partial recipient of the Estate, and now disabled, that he can remain in the house and the other heirs cannot legally remove him. Supposedly he is only responsible for one-quarter of the upkeep and property taxes. He says that the American Disabilities Association states that he is in control of the estate as long as he wishes to live there, and that the other heirs have no rights, unless he chooses to move out of the house.

My question: Is this legally correct? What are our responsibilities to this brother regarding the Estate, as he is entirely capable of caring for himself, both physically and financially. What are our rights as heirs?

Thank you for your time.
:confused:
 


Dandy Don

Senior Member
Advice brother received was somewhat misguided.

Probate is needed to determine who the official heirs are, and heirs need to decide whether they will be selling the home or not. If heirs want to sell, then their attorney can have a partition done to force the sale and split the monies among the heirs. Executor at some point will have to serve brother with notice of eviction but executor must consult a landlord/tenant/eviction attorney to make sure procedures are followed exactly.

DANDY DON IN OKLAHOMA ([email protected])
 

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