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My parents left me the family home in their will, now my brother wants the home, is he entitled to it?

Winter Haven, FL |

My brother was left a piece of property, but wants everything. Do I have to let him stay in the home because it's my parents estate? My name is on the property deed. Can I have him removed from the house?

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Attorney answers 5

Best Answer
Posted

I agree with Attorney Pippen - in response to your question, if your parents left the home to you in their will it belongs to you. Your brother cannot dictate your parents' wishes and if he is unsatisfied with what was left to him, he can sell it. He cannot simply move into your property, regardless of what he claims unless he has an ownership interest that either precedes yours (on title with your parents) or is simultaneous to yours (left an equal share of the home in the will). If your brother will not voluntarily leave, you may have him removed after obtaining a writ of possession from the court, usually after a petition for ejectment. Have a local attorney prepare the petition for you as the local clerk of the court cannot advise you in the matter.

Carol Johnson Law Firm, P.A. : (727) 647-6645 : carol@caroljohnsonlaw.com : Wills, Trusts, Real Property, Probate, Special Needs: Information provided here is anecdotal and should not be relied upon or considered legal advice. Every matter is different and answers given here are general in nature and may not reflect current Florida law at the time you are reading this posting. Please contact me if you feel you need additional assistance with your matter.

Posted

It is not completely clear from your question whether you are now the SOLE owner of the family home. You state that you are on the deed.. Does that mean you held the property as joint tenants with your parents, both of whom are now deceased? Or did you hold it as tenants in common, and the last parent to die left you their interest in the home? I would need to have more information. If you are now the sole owner of the home, your brother does not have a right to remain in the home.




Jonathan J. Goldberg, Esq.
Goldberg & Goldberg
Attorneys at Law
5530 Wisconsin Avenue
Chevy Chase, Maryland 20815
(301) 654-5757 Phone
(301) 654-2245 Fax
WWW..GOLDBERGLAWGROUP.COM
JJG@GoldbergLawGroup.com

Posted

If your name is on the deed, the home should belong to you. There are a few details that may make answering your question a little easier. When was your name added to the deed? Did you own the property with your parents? When both parents are deceased, homestead in FL passes to decedents unless stated otherwise by deed, Will, or Trust assuming none of the descendants are minors .
If your parents are deceased, you should have a probate attorney you are working with to distribute the estate assets. If you haven't already hired one, I recommend doing so soon. Your attorney will better be able to address your question.

This answer is provided for informational and/or educational purposes only, does not constitute legal advice, and does not create an attorney-client relationship. Florida Attorney practicing in areas of Estate Planning, Elder Law, Trusts, Probate, Guardianship, and Business Law. Please contact me at arauman@protectyourfuture.com or call my office, (727) 471-0039, if you would like to discuss your Florida legal matter further. Actual legal advice can only be provided after completing a comprehensive consultation in which all of the relevant facts are discussed and reviewed.

Posted

As indicated by the other attorneys, the answer to your questions as stated are NO. However, in order to give definitive answers, an attorney would want to look at the deeds, know a little more information about your family history, see the wills, etc.

If the entire home was properly conveyed to you, you own it and may evict your brother. However there are possible facts that could effect your ownership. I recommend a consult with an attorney ASAP. If possible, be prepared to provide a copy of the will and any deeds associated with the home.

Posted

An attorney should review the deed in order to fully address this question. If the deed states the he is the owner, than it would be hard to remove him, even if the home is left to you in the will.

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