What happens when a sibling refuses to leave the House?

The terms of the living trust stated after the parents die, the trustee sells the home and split the proceeds. Selling the house occupied by a sibling who lived rent-free in the home and refused to leave presented challenges. As one might imagine, it did not take long before the sibling living in the home became the bad guy.

What happens when a sibling inherits a house?

The trust appointed his son as the successor trustee. At the time his father died, his sister lived in the family home. The siblings are adults. One sibling inherits real estate and the sister who lives in the home does not. The sister that lives in the home did not pay a fair rent, or any rent, and refused to leave after their father died.

Can a sister live in a house that has been sold?

To increase the value of the property the successor trustee completed the recommended repairs. The home was listed and sold. The sister living in the home could not request to partition the property because the trust owned the real estate, and the trust directed that the home gets sold after the father died.

Why did my sister take over my mother’s estate?

Your sister appears to have overstepped her role as executor, and views it as a free license to do as she pleases, and lord it over the rest of you. She is beholden to the laws of her state where your mother died, and must act accordingly.

Can a brother and sister share a house?

Sometimes, siblings agree to keep the property and share its use. Such scenarios are not far-fetched. Consider two unmarried, older siblings. Such a house-sharing arrangement could help ease the financial burden of home ownership and provide them with companionship.

What should I do if my mother leaves the house to my brother?

Alternatively you might be able to appeal to your brother’s better nature and ask if he would be prepared to do a Deed of Variation after your mother’s death to allow some of the property to pass to you and your sister. Even if he wants to retain the house, he might be in a position to then buy you out of the shares he has given you.