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hi everyone, I have several questions that I'm hoping I can get answers and directions on how to proceed.
I am the executor of my parents estate and as part of the wills I must sell the house. it is in Atlanta suburbs and the Atlanta market is no better than any other! I have talked to a realtor who is going to meet me there this weekend to look over the property and discuss how to sell this house. It is 30+ years old, large rooms, nice sized house and lot, but needs some upgrades and TLC. I don't have the money to do these so it will be an "as-is" sale. the realtor didn't think this would be an issue.
Two questions, and let me preface this by saying, I've never owned a home, have no idea what I am doing and am trusting this realtor. He is a close friend of a close friend and has sold 2 of her homes, found her new home and handled the sale of her daughters home. He is well established.
(1) I have a figure in mind, say 80,000 and wondered if I could offer a rebate to the purchaser for a full price offer? I want to get this house sold quick so I can close the estate and get on with my life.
(2) my nephew is living there, rent free, utility free as he moved in with my mom when his wife kicked him out and divorced him, he is 41 and unemployed and not inclined to find another job. I know I will have to evict him and it will be UGLY!!!! He is a drunk, drug user and has a hair trigger temper, a bully. I am a 5'2 110 pound 35 yo woman and he truly frightens the bejeezus out of me. His parents are dead and no one else in the family will have anything to do with him, even his brother. okay TMI, but how do I go about evicting him? I know as this grows closer and it sinks in he is going to have to move he will probably damage the house, I am prepared to be assaulted with phone calls, threats, etc.
I failed to mention, find an agent that has a lot of experience with selling a home like this. Don't ask him to cut his fees cause he will earn every penny if he does his job with this home.
You need a seasoned agent to assist you with this sale. This will probably not be an easy home to get rid of so you need someone really good on your side.
Shut off the power, the cable, the water, and change the locks - that should get him out. You might want to give him fair warning that he can't live there after a certain date as you want the house empty. The realtor can keep you apprised of whether he's still there.
Check with your attorney about the time frame for settling an estate. There may be a minimum amount of months required along with written notifications to relatives.
Shut off the power, the cable, the water, and change the locks - that should get him out. You might want to give him fair warning that he can't live there after a certain date as you want the house empty. The realtor can keep you apprised of whether he's still there.
Since he lives there you may not be able to do this. You will need to go through eviction process to get him removed. It is just easier if a relative can help him find another place to live.
Is he heir to any part of the estate? Make sure the house is insured while it is listed. I do not think a rebate is what a buyer is looking for, just price according to the comps. Make sure you look at the comps carefully.
First some questions: Do you have a Date of Death assessment of the home? Have you probated all the other parts of the estate? Have you done a 1041 yet? Have you created an estate account? How many heirs are there to the home? Is your nephew one of them? How long was he living there before your parent died? Does he have any living rights to the home (does anyone)?
He already knows the current situation can't last. The owners are deceased. He will play dead possum until you or your family approach him and negotiate a voluntary move-out date, perhaps within 30 or 60 days with some compensation for moving expenses if necessary. I had the same thing happen with a deadbeat renter and a bad section 8 tenant when my dad died. One was able to bring his rent current. The second tenant was evicted. She caused about $2,700 worth of damages, but the property was sold within 3 months.
I would get eviction proceedings started. It is my experience that folks like this won't co-operate with showings and make it difficult to sell the house. Get him out so it will be easier to show.
Out here the sheriff's office does evictions. There is a process and if you call they call tell you what the local procedures are over the phone.
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