My brother lives in Mom's house and doesn't want to leave. What can we do?
This is one of the hardest rooms in estate work. The law's view: the house belongs to the estate, and the personal representative controls it — living there doesn't create ownership.
The human path comes first, and it usually works. An honest conversation with a real date attached. If he needs time, paper it — a short written agreement covering rent or its equivalent, utilities, and the move-out date, so generosity doesn't quietly become a standoff. And if he spent years caring for your mom there, that deserves to be named; sometimes it's even a legal claim, which is attorney territory. The hard path — removing an heir from estate property through the courts — exists and is family-scorched-earth. Last resort, eyes open. I'm not a lawyer, and this isn't legal advice.
Most of these resolve when the date is real and the dignity is intact. When the house is ready to sell, I'll be ready with it. Just call.
I wrote this answer, and I stand behind it. I'm Chris Deutsch, a Minneapolis Realtor (MN #20382264). Twenty-five years of walking these neighborhoods, checking basements, and sitting across kitchen tables from people making exactly this call. I re-check every answer and date it — this one was last verified .
If your situation is more specific than the market, that's the one worth talking through. Email me at chris@lakesarearealty.com.