Q: If only two heirs exist, and there is a owned home, do both heirs have the right to live in the house before probate?
my father passed away in August 2018, owning a home. My brother lives there currently, and I lived there 4/2018- 6/201, and in January my brother asked that i move in. He is more than likely going to be incarcerated for a year, and that is one reason he asked me to move in. Ive already started moving my stuff in, and recently found documents showing he defrauded the estate, by emptying stock accounts, and getting credit cards in my Dad's name. I filed charges with local law enforcement. now my brother is saying i cant move in. Do I have the right to live there until the estate gets processed? the probate is on hold pending the fraud claims. I have a key to the house and I receive mail there, as well as alot of personal property Ive already moved in
A: If the estate has not been filed with the probate court, then that is what has to happen now, so an executor or administrator can be appointed by the court to resolve these issues, including ownership of the house if the deed did not have a survivorship provision or transfer on death designation or affidavit. Use the Find a Lawyer tab to retain a local probate attorney to review the situation and advise you.
Dimitrios Makridis agrees with this answer
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