Can my dad still kick my brotherout ofhis and my mom’sproperty if my mom left her 50% to all her 7 kids?

UPDATED: Jan 1, 2012

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Can my dad still kick my brotherout ofhis and my mom’sproperty if my mom left her 50% to all her 7 kids?

Asked on January 1, 2012 under Estate Planning, Texas


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If your brother is of record ownership of the property that you are writing about as inherited from your deceased mother, your father can kick your brother out of a home that he has a legal interest in. However, for that to occur would be in violation of uniform common law of all states in this country.

The reason is that under the common law, all owners of a piece of real property absent a written and signed agreement to the contrary have the legal right to occupy property that they own. In the situation that you are writing about, your brother who might be kicked out of the unit by his father has the legal right to remain in it if he is on recorded title to it.

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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