My brother is essentially squatting in the home our mom left us when she died. How do I get him out so we can sell it?

It’s the kind of inheritance dispute that can turn what should be a straightforward transfer into a bigger legal problem.

As more Americans inherit property from aging parents, these kinds of conflicts could become more common. The U.S. population age 65 and older reached 61.2 million in 2024, according to the U.S. Census Bureau.

But when one sibling wants to sell, and the other refuses to leave, the path forward can get complicated quickly.

When a sibling won’t leave

Liz might think the solution is simple. After all, the house belongs to both siblings, so her brother needs to move out. But an heir who stays in the home may have arguments of his own.

In a recent article about the coming wave of estate litigation, attorney Steven H. Malach of Maddin Hauser describes the “staying sibling” as one of the more contentious situations that can arise after a parent dies. The child who remains in the home may have been the one providing care near the end of the parent’s life, and may claim the parent permitted them to stay or promised them the house.

“All those could be claimed and more,” he told Moneywise, adding that it includes claims for caregiver compensation, verbal promises, or reimbursement for home improvements. But proving those claims after a parent’s death can be difficult.

“It’s usually more than producing receipts of home expenses — is that in lieu of rent?” he said. Caregiving for an immediate family member can involve legal, moral, and financial questions that aren’t always easy to untangle after the parent is gone.

For example, Liz’s brother might say their mother told him he could live in the house for the rest of his life. He could argue that he provided years of care and was promised something in return. Or he could seek compensation for renovations or other improvements he paid for while living there.

Even a vague family understanding can become a point of contention once the parent is gone.

That’s one reason experts generally caution against treating the situation like an ordinary roommate dispute. Property ownership, the terms of the will or trust, the personal representative’s authority, and any claims made by the occupying sibling can all matter.

And state law matters, too. The rules governing probate, eviction and the rights of co-owners vary by state.

How to get the house sold

For Liz, the first step isn’t necessarily figuring out how to physically get her brother out. It’s figuring out who has legal authority over the property and what the estate documents actually say.[f]

If the home is still part of the estate, the personal representative or executor generally has a role in administering it. That can include dealing with the property, paying expenses and ultimately distributing or selling assets according to the estate plan.

If the sibling refuses to cooperate, the dispute may need to go through the court rather than being settled at the kitchen table.

Malach says one option, when an agreement can’t be reached, may be for the person legally responsible for the estate or trust to pursue an eviction.

That could mean seeking a court order requiring the occupying sibling to leave, depending on the circumstances and state law. In some situations, heirs may also have remedies involving the sale or partition of jointly owned property.

The important point for someone in Liz’s position is not to take matters into their own hands. Changing the locks, removing someone’s belongings, or shutting off utilities could create additional legal problems — particularly if the sibling has a legitimate right to occupy the property.

Instead, the heirs should document what is happening and get advice from an attorney who handles probate or estate litigation in their state.

There may also be another avenue beyond a traditional landlord-tenant eviction. “Besides the landlord-tenant eviction option is an Estate or Trust Probate Court filing which offers various other equity in law options to resolve the problem,” Malach says.

That documentation could include the will or trust, the deed, records of mortgage and property-tax payments, receipts for repairs or improvements and written communications about who was supposed to live in the home.