On This Page
Mom dies.
Your brother has lived in the house for eight years.
The estate wants to sell.
Your brother says:
“I'm not leaving.”
This is not simply a showing-schedule problem.
It may be a legal occupancy or ownership issue.
Who Is the Occupant?
Possibilities include:
- Co-owner.
- Beneficiary.
- Tenant.
- Family member without ownership.
- Caregiver.
- Other occupant.
Their legal status matters.
Don't Change Locks and Throw Their Belongings Out
That can create serious legal problems.
Get legal advice before attempting to remove an occupant.
Can You List While Someone Lives There?
Potentially, depending on authority and circumstances.
But showing access and possession at closing need to be addressed.
Buyers Care About Possession
A buyer generally wants to know:
When do I get the house?
An unresolved occupant can materially affect marketability.
Resolve the Hard Question Early
Do not accept an offer promising vacant possession by Friday when nobody has even asked Uncle Bob whether he intends to move.
Important
One heir lives in the house and the estate wants to sell? That can become a legal possession and co-ownership issue. See siblings disagreeing and the tenant-won't-leave guide.
