How can we legally remove our brother from Mom's house?

2 answers | Last updated: Oct 03, 2016
A fellow caregiver asked...

Mother had a stroke in recent weeks. 88 Yr old female. Now in a nursing home. California.

Two siblings one adopted male (now 28). The son lives at her house and does not pay rent. Does not work. The two siblings need to sell house to pay for medical related bills.

1-Can they make the son move out and how do they do it legally?

2-Can we move her furniture out to a storage facility while we repair the house in preparation to sell?

3-Can we move the son't furniture out and to a different storage facility?

4-The son and two other siblings are to split the proceeds from the sale of the house equally.

5-one sibling living near mother's house has already begun removing items he wants to his home. Not fair.

6-Just do not know how to get this done.

aninlaw Thank you

Expert Answers

Judy and Fred co-mediate family property and financial conflicts, and each work individually as mediators as well. Judy Barber, a mediator and family business consultant, assists clients in resolving overlapping family and money conflicts so they are better able to make sound estate planning decisions. Frederick Hertz is an attorney and mediator who specializes in resolving co-ownership matters involving families, siblings, spouses, cohabitants and domestic partners.

This is a very difficult situation -- and more complex that we could address in a short written response. You should be retaining an attorney promptly, and work with that lawyer to take whatever steps are appropriate to address the situation. Good luck, and sorry you are having to deal with these problems!

Community Answers

The caregiver's voice answered...

Agree...hire an attorney. The cost may seem high initially, but will save you much heartache and aggravation.

We went through this evicting my brother with the help of an attorney despite Wisconsin's little known homestead law that could have given my brother rights to live in the house. Instead we evicted him and had him take his stuff. He also took our father's stuff...but at that point, it didn't matter.

For the details read: "Where's my shoes?" My Father's Walk through Alzheimer's at