Should I move out?

[ldybarkeep]

What is the name of your state?What is the name of your state?TX
My mother died in 1999 and my father died in 2003. The will stated that the estate was to be divided equally between myself and my 3 brothers. I have lived on the property since my mothers death in a trailer on the property. After my father died my younger brother moved into the house and lived there for a year. When he moved out of the house I moved in. The entire time, from 1999 to today my adult disabled son has lived in the house, both when my father was alive and when my brother lived in the house. My older brother was named as the executor of the will but has not probated the will or done anything with the estate. My older brother is very upset with me and the rest of the family and wants me out of the house. I don't have a problem moving so that we can fix-up the house and sell it except that I'm afraid if I move out of the house my older brother will move into the house and hold it hostage so that we do the things he wants us to do (which I don't believe is legal) He wants us to put the house in someone else's name (anyone but mine). Basically what I want to know is what are the rights of the person who has possession of the house. Can my brother move in and refuse to move out and sell if we don't do things his way? I really want to avoid the expense of evicting him and I will move voluntarily when we sell if he does things legally.

Thanks for any help you can give me.

 

[I AM ALWAYS LIABLE]

My response:

Why aren't you hiring your own attorney to begin the probate process? All because there's a Will saying your brother should be the executor of the Estate doesn't mean he IS the executor - - at least not until the court CONFIRMS his fitness to be the executor.

In other words, it's your choice whether or not you put up with his bullsh!t, and as an heir to the estate, you have "legal standing" to file a Petition for Probate WITHOUT the Will. By filing, you'll force your brother to "get off the pot or piss."

IAAL

 

[ldybarkeep]

thanks for the advice but at this time I don't have the means to hire an attorney. That's part of the reason that I don't want to let him move into the house. I just really wanted to know the rights of the person in possession of the house so I can decide if I should go ahead and move out or if I should stay to protect myself and my other two brothers from this controling jerk.

 

[I AM ALWAYS LIABLE]

thanks for the advice but at this time I don't have the means to hire an attorney. That's part of the reason that I don't want to let him move into the house. I just really wanted to know the rights of the person in possession of the house so I can decide if I should go ahead and move out or if I should stay to protect myself and my other two brothers from this controling jerk.

My response:

Right now, you're merely a "tenant at sufferance", which means you have no legal right to be there, but since no one has the "legal standing" to get you out, then you can literally stay there until the Texas cows come home.

But, once your Hillbilly, Dufus, brother wakes up to the legal rights he has, he'll file for Probate, be confirmed as the executor, have legal standing, and then he'll file an action in court to have you thrown out on your ear.

But, until that day comes, you'll be secure in the fact knowing that you have a really, really, stupid brother.

IAAL