Estate Law

Estate law questions? Ask an estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

My mom past away in June of 2015. I had been living and

Customer Question
My mom past away in...
My mom past away in June of 2015. I had been living and taking care of her for the past five years. This is my legal residence. In her will she left the house to my older brother who is going to sell this spring. Presently I am out of work and collecting SSDI. I am looking for work but afraid he will sell and throw me out. Can this happen?
Submitted: 2 years ago.Category: Estate Law
Show More
Show Less
Ask Your Own Estate Law Question
Answered in 10 minutes by:
1/16/2016
Estate Lawyer: Richard, Attorney replied 2 years ago
Richard
Richard, Attorney
Category: Estate Law
Satisfied Customers: 57,226
Experience: 29 years of experience practicing law, including tax and estate planning.
Verified

Good afternoon. My name is ***** ***** I look forward to helping you.

First, let me tell you how sorry I am for the loss of your mom. Having lost my own mom a few years ago, I know what a difficult time this can be. I will certainly keep you in my prayers.

With regard to your specific question, although your brother may own the house now, he cannot simply throw you out. Since you have no written lease, you are legally deemed to be an at will tenant, which is treated as a month to month tenant. Since you are a month to month tenant, he is going to be required to give you at least 30 days written notice to terminate your tenancy. Then, if you don't leave, the law does not allow him to forcibly evict a tenant without obtaining an eviction order from a court. What that means is that if termination date comes and you don't move out, he cannot simply change the locks or throw your things out. Rather, what he has to do is to first deliver a 3-Day Notice to quit...which basically says you have 3 days to leave or face eviction. But, if you still haven't left, he must then file a petition with the court for an eviction order. Depending upon the court's docket, it can take anywhere from about 15 days to a couple of months to get a hearing. Only when a judge has issued the eviction order can he have you evicted. That will buy you a good bit of time.

This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you he could not evict you at any time, but, I can only provide you information based on the law so that you can act on the best available information to you. ………..I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!

Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent (hopefully Good or Excellent). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

Ask Your Own Estate Law Question
Estate Lawyer: Richard, Attorney replied 2 years ago

Good afternoon. My name is ***** ***** I look forward to helping you.

First, let me tell you how sorry I am for the loss of your mom. Having lost my own mom a few years ago, I know what a difficult time this can be. I will certainly keep you in my prayers.

With regard to your specific question, although your brother may own the house now, he cannot simply throw you out. Since you have no written lease, you are legally deemed to be an at will tenant, which is treated as a month to month tenant. Since you are a month to month tenant, he is going to be required to give you at least 30 days written notice to terminate your tenancy. Then, if you don't leave, the law does not allow him to forcibly evict a tenant without obtaining an eviction order from a court. What that means is that if termination date comes and you don't move out, he cannot simply change the locks or throw your things out. Rather, what he has to do is to first deliver a 3-Day Notice to quit...which basically says you have 3 days to leave or face eviction. But, if you still haven't left, he must then file a petition with the court for an eviction order. Depending upon the court's docket, it can take anywhere from about 15 days to a couple of months to get a hearing. Only when a judge has issued the eviction order can he have you evicted. That will buy you a good bit of time.

This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you he could not evict you at any time, but, I can only provide you information based on the law so that you can act on the best available information to you. ………..I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!

Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent (hopefully Good or Excellent). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

Ask Your Own Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Richard Your Own Question
Richard
Richard
Richard, Attorney
Category: Estate Law
Satisfied Customers: 57,226
57,226 Satisfied Customers
Experience: 29 years of experience practicing law, including tax and estate planning.

Richard is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns.

Loretta TIllinois

Thanks Adam!! - A very direct and understandable response - you have been a great help!

Happy CustomerEllicott City, MD

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Attorney

3,170 satisfied customers

Wills, Trusts, Probate & other Estate Matters

Barrister

Barrister

Attorney

5,908 satisfied customers

17 yrs estate law, real estate. Wills/Trusts/Probate

RayAnswers

RayAnswers

Attorney

5,629 satisfied customers

Texas lawyer for 30 years in Estate law

Infolawyer

Infolawyer

Attorney

5,145 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

1,867 satisfied customers

Fully licensed attorney in Texas in private practice.

RobertJDFL

RobertJDFL

Attorney

1,522 satisfied customers

Experienced in multiple areas of the law.

P. Simmons

P. Simmons

Attorney

1,215 satisfied customers

12+ yrs. of experience including estate law.

< Previous | Next >

Related Estate Law Questions
My mom died of lung cancer about a month ago. There are 12
My mom died of lung cancer about a month ago. There are 12 kids in our family. My mom refused to write an updated will after she divorced my dad because she intended to survive the cancer. But nine da… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
My Mother just passed away and I've been her sole care giver
My Mother just passed away and I've been her sole care giver for the past 4 yrs. She left everything in a trust to myself and my brother and sister to be divided equally and her granddaughter trustee.… read more
Richard
Richard
Attorney
Doctoral Degree
57,226 satisfied customers
My name is Anne, I live in Alabama. My mothers died April,
Hello, My name is***** live in Alabama. My mothers died April, 2015 and she did not have a will. She lived in her fathers old home, her parents passed away years before she passed. My mother have othe… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
1,215 satisfied customers
My mom passed away Oct 7 2015,there is a will ,4 siblings
My mom passed away Oct 7 2015,there is a will ,4 siblings .The will states to sell the house by 21 years?,my brother taken care of her for over 30yrs, my sister (executor)wants to throw my brother out… read more
RONB-ESQ
RONB-ESQ
Juris Doctorate
335 satisfied customers
Complex Estate/Disability/D(4)A Trust Question: I am 48
Complex Estate/Disability/D(4)A Trust Question:I am 48 years old, have lived in Massachusetts all my life same address and have been on SSDI/SSI since age 21. I live in the same home I grew up in that… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My sister took Power of Attorney of my Mother after my father
My sister took Power of Attorney of my Mother after my father past away 2 years ago. She is the oldest of the 3 of us..We had an older brother but he past away 18 years ago. at the age of 48. I know t… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
5,145 satisfied customers
When my grandfather passed away, he left his estate to his
When my grandfather passed away, he left his estate to his children: my mom, her sister and her brother. The will stated that if any of his children pass away, the remaining estate left will be left t… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,908 satisfied customers
This is for "Barrister" only, please. My little sister still
This is for "Barrister" only, please. My little sister still feels she needs to retain a lawyer despite what you and I advised recently. My arguments lack a strong foundation since I do not know the p… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,908 satisfied customers
after my mom past away my brother broke into the home her and
after my mom past away my brother broke into the home her and I shared which was hers I was her care taker. He had my cosin throw every thing I owned away and took all of the antique in the house glas… read more
LegalGems
LegalGems
Juris Doctorate
12,817 satisfied customers
if someone leaves their pension to his mother. But his mother
if someone leaves their pension to his mother. But his mother had past away before him, Does his pension go to his mother or her estate, or does it return to his estate or his executer's?… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
5,145 satisfied customers
My mother just passed away and her will states that I am to
My mother just passed away and her will states that I am to be trustee of a supplemental needs trust for my brother who is on SSDI payments, and has Medicare and a secondary insurance. The trust has n… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
5,145 satisfied customers
Hi, my mom is 64 years old and I am planning a 5 year retirement
Hi, my mom is 64 years old and I am planning a 5 year retirement for my mom. I want to know if she qualify for SSI or medicaid. We live in Virginia. She has one home, but she deed it to my brother hal… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
My mother had a home in Pierce Idaho and passed away this Spring.
My mother had a home in Pierce Idaho and passed away this Spring. We are trying to settle to estate and deal with the property. Due to condition of the house and methane gas issues the house is not ha… read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,365 satisfied customers
I have been living and taking care of my mother since my dads
I have been living and taking care of my mother since my dad's death 10 years ago. Her house has finally been sold after 10 months of inactivity. I have paid all bills, taxes, insurance, maintenance I… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
I live in Colorado in the same family home for 43 years. I
I live in Colorado in the same family home for 43 years. I am taking care of a special needs adult brother. We want to move out of the family home. Can I have an estate sale for just the personal prop… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
I live in Houston, Texas. My mother passed away leaving a small
I live in Austin, Texas. My mother passed away in Houston leaving a small run down house (worth $40-$50k as is)with years of back (reduced) taxes. She had no money and left no will and the home is sti… read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
IF MY MOTHER WAS (IS) MARRIED FOR 21YEARS TO A MAN (DIED)HE
IF MY MOTHER WAS (IS) MARRIED FOR 21YEARS TO A MAN (DIED)HE WAS MARRIED 3 TIMES 2 KIDS FROM 1ST WIFE,0 FROM 2ND,THEY HAVE BEEN MARRIED 21 YEARS SHE HAS ALZMR BUT STILL IS IN THE HOUSE UNDER CARE TOTAL… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
My mother required home health care for the past 3 years, I ...
My mother required home health care for the past 3 years, I lived in the family home and provided in-home health care for her, and attended to her needs up until her death on October 8,2007. Mom did n… read more
Marcus Parker
Marcus Parker
Doctoral Degree
244 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x