Q: Mom passed no will. I live in house and pay everything. My brother forced his way into house wont leave and pays nothing

A: You need to have the deed reviewed in order to see how the property was held, if the property did not pass by operation of law based on how the deed was titled, then it is likely that some version of probate will be necessary in order to pass the property on to the legal beneficiaries in accordance with the Florida Intestate (without a Will) laws. If there was no Will and the deed does not help, you may well end up owning the property with all your siblings if there was no surviving spouse of your mother and they could force a sale through a partition action. You really are going to need to speak with a Florida Probate Attorney to get started and review everything to see where things stand and see what needs to be done.

A: Sorry to hear that your mother passed away.

Since your mother had no will an estate will need to be opened to determine ownership of the house. Since it was your mother's homestead it most likely passed to you and your brother unless your mother was married or if there were other siblings. The homestead descends free and clear of your mother's creditors, but claims of creditors of your brother will attach, so the IRS lien would attach if the property descends to you and your brother. Ownership does not necessarily equate to possession. Obviously you need to see an attorney who is knowledgeable in the areas of probate law and real property law to assist you with this, there is not easy or quick answer to this one.