I moved back to my parents home to take care of my father until he died. I decided to stay here, but my parents were the victims of con artists and lost everything they had, Somehow a mortgage was put on the home, which I've paid since my dad died 13 years ago. Now my only sibling wants to sell the house, so he can pay off his wife's debts and his own mortgage. I am executor of the estate, and I have made major home repairs (roofs, HVAC, etc) as well as pay off the mortgage with my retirement money. What can I do to see that he cannot force the sale of the house?

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    You need a lawyer. This is too complex a situation to get a definitive and useful answer here. – Mike Scott Oct 24 '20 at 11:00
  • Are you paying him rent? If not, he has a legitimate beef. He has a half interest in the property and isn’t getting any value from it. You should either pay him rent or buy out his half. (Of course you would deduct his share of maintenance costs and mortgage payments from the rent.) – prl Oct 24 '20 at 20:48
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    While I'm not a lawyer, I would suspect that being the executor of the estate, and having failed to settle it for 13 years while converting part of it to your own use, may have placed you in a rather uncomfortable legal position. – jamesqf Oct 25 '20 at 4:14
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    I’m voting to close this question because this is a complex legal situation. It includes an estate that isn't resolved 13 years later, somebody living in the property, and somebody wanting to sell. The only answer is see a lawyer. – mhoran_psprep Oct 25 '20 at 13:03
  • What does the will state? Even though you need a lawyer, your answer may be there. – JTP - Apologise to Monica Oct 25 '20 at 15:11

Get a lawyer. I wouldn’t dare giving you legal advice, any mistake could be too expensive.

Outside the law, you can tell your brother that you own half the house, that there is no way he can force you to move out which will make a sale quite difficult, and if he manages to get one penny before your death, your half will be left to charity. So if your house is worth $300,000, worst case you can give him the choice between $120,000 now (because you will reduce the value by refusing to move out) or $300,00 later. A lawyer will also help you with that.

As far as the home repairs and paying back the mortgage go: Your brother says “thank you”. A lawyer may get you in a better position.

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