House in probate but brother threatening to move in.

A question about : House in probate but brother threatening to move in.

How do I stand, my parents house is in probate with my brother and I as inheritors. The problem is that my brother has defaulted on his own mortgage and is being evicted so he has said he intends to move into the house immediately. Where does this leave me over my share of the house?

I changed the locks recently as people with keys were going in and helping themselves to items. He says that if I do not give him a key to move in tomorrow he will just break in.

Best answers:

• What does 'in probate' mean?
  As part owner of the house he has as much right to live there as you do
• Who is executor of the will ?
  Or who has applied for probate if there was no will ?
• Happened to us. See my thread "Inherited House Blockage" (can't do a link).
• My main concern is that your brother is about to become homeless.
  If he doesn't move into this empty house where will he go?
  I don't know much about probate but presumably the house will still have to be sold so its only a temporary measure with the added security of having someone on the premises.
  I have a feeling you're now going to tell me hes a smackhead who will trash the place. If so ignore the above.
• I am the executor of the will.
  Someone has advised me that they believe I will have a problem getting him to move out once he is in-situ and the house will be difficult, if not impossible, to sell with him there. I do not have the financial resources for any legal action if this is the case.
• Using the High Court election method may be the only option. The costs will be payable out of the brother's part of the sale proceeds. It really comes down to how much of the inheritance you are prepared to forego. Not easy of course.
• Change the locks and install an alarm system (or change the alarm code). If it is agreed he can live in the house it has to be at a market rent and he pays all the bills and it is under a lease agreement. One beneficiary should not be given 'benefits' that the other(s) beneficiaries do not receive e.g. living cost free in the house whilst others have living costs elsewhere. Allowing him to live in the house could affect/delay the sale of the property.
  Is he entitled to 50% of the benefit of the house when sold, not the right to live in it. Seek legal advice before allowing him to move in.
  Had a similar situation and the advice I have given is what was given to me by a lawyer. The person concerned was 'locked out' and not allowed to live in the property. The house was sold and this beneficiary will receive their equal share to the proceeds from the sale of the house along with the other beneficiaries when the estate is distributed.
  Stick with the terms of the will and not others interpretation and you will not go far wrong. If unsure seek legal advice. I know legal fees are not cheap but in a situation like this can save you a lot more in the long run.
  Good luck.
• Is not the wise thing to go with brother to his mortgagor and see if a promise of brother's moneys from sale of house will go to them ... might it provide a stay of execution of the eviction process??
  Depending on how far down the process that has got? (and how soon the house is likely to sell etc.,.)