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Do I have to evict my half brother?

Family Law 3 views 3 answers
I have given my parents life time residency in a home next to me on my property. My 50 year old brother has moved in and sleeping on their couch and sponging off of them. If they die how will I get him out? Do I have to go through courts to evict him, or can I do something now so I don't have trouble with him later. Does he even have the right to live there?

Attorney Answers

3
Steven Smollens ·
Dear Corinth Property Owner: The life estate your parents enjoy allow them to share their home with your brother. His occupancy right is a "license" granted by your parents. Right now, only your parents have the right to revoke the license and start an eviction proceeding if the brother does not move out after they serve a ten day notice to quit. You have no legal standing in relation to their home. On the occasion of the end of the life estate the license they granted ends. At that time, you have the right to serve the ten day notice and start your own eviction proceeding.
0 upvotes
Mary Katherine BrownFamily Law AttorneyBrooklyn, NY ·
If your parents are allowing him in their home, there is nothing you can do about it unless he breaks the law and then you can have him arrested.
0 upvotes
David Zaslavsky ·
your parents can allow him to stay. To get him out you will need to evict him.
0 upvotes

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