My brother lives in Mom's house and doesn't want to leave. What can we do?
Answered by Chris Deutsch, Founder & Editor
Licensed Minnesota Realtor #20382264 ·
The short answer
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.
On stage The 60-second answer
Captions on · Transcript below
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Chris's video answer is on its way. Until then, the short answer above says the same thing.
The transcript posts with the video.
The longer answer
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.
The next department over
What people in this spot usually ask next.
- Inheritance & probateWhat does a personal representative actually do when there's a house to sell?Read the answer
- Inheritance & probateCan the personal representative sell the house even if some of us don't want to?Read the answer
- Inheritance & probateWhat does it cost to keep an empty house while we settle the estate?Read the answer
- Inheritance & probateMom's house still has a mortgage. What happens to it now?Read the answer
- Senior transitionsMom's deed has a life estate on it. Can she still sell the house?Read the answer
- Divorce & separationWe're not married, but we own the house together and we're splitting up. What happens?Read the answer
From the editor's desk
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