house left in will

[kar0l1959]

What is the name of your state (only U.S. law)? new york what happens when mother passes away leaves house to my brother and me in her will and my brother is still living in house

 

[justalayman]

that would all depend on a lot more facts not presented here.

The first thing would likely be somebody opening probate so the title can be transferred, if it is not required to sell the house to pay debts of the estate. Then, if it gets all the way to titling the house in you and brothers names, what happens then is between the two of you. Each would have equal rights of possession so you could not evict him but just the same, he could not prevent you from occupying the house either.