I have lived at my residence all my life, (60 years), and when my granddad pasted away, (my Dad moved in with my granddad and I helped him take care of him), Dad moved in with me. I took care of Dad until he passed away but before he passed away, we didn't get a family agreement that my brother was to sign over his half of the house I reside in and where I have invested all my income too. Now my brother is going against his word and wants what the old will of Dads states that he does get half. My brother was seen by myself and others taking files out of Dads desk and loading them up into his car the very day Dad had passed. He did this for two more days and all the evidence that he owed money to the estate was with the files he took. Anyway, he has already tried to sell the house from out underneath me and it did have a contract underway but was stopped by my motion. Now he has put a "Notice to Quit" on my front door. What can I do to stop this? Thank you for your time with this, greatly appreciated.......
I am sorry for the problems and I know this is stressful given that you have posted this question multiple times.
There is no simple way to resolve this matter. There is no simple form to stop the eviction process. If a summons and complaint has been served or posted, you have a very limited amount of time to do anything and you face an uphill battle on stopping the eviction process. You may be evicted but you can still proceed on your other claims through the courts.
As to what to do, you will have to move to have your brother removed as the representative, you will need to concurrently file for a stay on the eviction and then proceed for a declaratory judgment on your claims. In theory, you could move for the probate case to be formal and file a contest in that court.
So this is all very complicated and involves significant assets and claims. You either need to learn the law and procedure or get the assistance of an attorney with expertise in probate litigation and litigation generally.
This answer is for informational purposes only and is not legal advice regarding your question and does not establish an attorney-client relationship.
The simple answer is you cannot. You do not own the house and if the duly appointed personal representative wants you to move out so that he can ready the house for sale, then he may do so. If there is no will and there are just you two brothers, then you will be entitled to one half the equity in the house. Perhaps you should consider buying him out (by getting a mortgage on the house). If you were living in the house, and he was not, I do not know why you let him remove materials from the house. But even if he had borrowed money from your father, unless there was a written agreement for repayment, or a will stating such amounts were treated as advancements, it makes no difference. You will each inherit equally. If you do not trust your brother, I highly suggest you engage counsel to represent your interests. It is possible that such costs will be recovered from the estate, rather than out of pocket.
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