Can my brother evict me if my house is in probate?

UPDATED: Oct 1, 2022

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Can my brother evict me if my house is in probate?

My mom passed without a will, i have been living with her my
whole life, my brother has not been around but a few times a
year. The house was in my mom and step dads name but the
mortgage is in my dads, he went to my step dad after telling
me to be quiet about it and got him to sign his half to my
brother, now half is his and half is in probate and he filed
for eviction, is this legal and what can i do?

Asked on April 12, 2019 under Estate Planning, Utah


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, he can remove you: he is an owner of the home based on what you write, while you are only a "guest"--someone who is neither an owner nor a rent-paying tenant and who was allowed to live there by an owner. However, the owner(s) who allowed you to live there, your mother and stepfather, no longer own it, since she passed away and he signed his interest in the house over to your brother. Therefore, as an owner, your brother has the right to tell any guest, including a relative, regardless of how long they have lived there, that they cannot stay any longer. If the guest (you) does not leave when asked, he can bring a legal action to remove you.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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