What to do if my father is terminally ill and wants to know what happens when he requests that his house be sold upon his death?

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What to do if my father is terminally ill and wants to know what happens when he requests that his house be sold upon his death?

My adult brothers live in the house with him and my father is worried that they will be forced out upon his passing. Can my brothers stay in the house until it is sold?

Asked on July 9, 2013 under Estate Planning, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so sorry for the situation.  It is very difficult in this type of forum to give estate planning advice.  Does your Father have a Will and is that what the Will directs?  He can state his intentions to allow them to live in the home until it is sold. Otherwise the Executor or Personal Representative in charge of his estate can do as need be and that could include having them leave or pay rent.  I would strongly suggest that he speak with an attorney about what he wants now while he still has the capacity to do so.  Good luck.


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