I have a property in kern county CA my name and my mothers name are on the title and property taxes. My estranged brother who has been in and out of prison has been squatting there. My mother is also in the final stages of Alzheimer's and
I have power of attorney for all finacial matters. I want to sell this property, does my brother have any legal rights in regards to the property.
2 Answers from Attorneys
An attorney would want to review everything to be sure, but based on what you have stated, the answer would be no. It does not sound like he is a tenant, a lodger, or even a co-owner.
A person who is not on title to the property has no say with respect to whether or not the property can be sold or as to the purchase price. Now, your brother may have some sort of oral lease -- the facts are not clear, but any such lease could be terminated, and your brother eventually evicted by the new owner.
Note that the buyer may request that you take care of this matter before escrow closes.
Best of luck to you.
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