Estate Law Questions? Ask an Estate Lawyer.
Good morning. I am sorry to hear about your mothers passing and certainly understand the situation and your concern. If he was allowed to take possession, on the belief that he would be buying your share and that of the other siblings and be the sole owner of the home and that did not happen, then he would need to vacate. Each of you has a shared legal right and interest in the home and he can not simply stay and benefit from the estate and live in the home, rent free. If he refuses to move, then your sister, who is Executor, would need to evict him, through the court. This is a civil issue, not criminal, so the police are not going to arrive and arrest him for trespassing but he has no right to simply stay there and not pay rent, utilities or contribute in some way, to allow him to remain, with everyone agreeing.
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