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I am one of two beneficiaries of my deceased parent's estate which basically was just a house (homestead property in Florida). The other beneficiary was instructed by the deceased to leave me alone and give me sole access to the house in order to make repairs, clean, pack, and dispose of the contents. They (the other beneficiary) lived overseas and agreed to this. In exchange for being left alone, I was doing all the work, living 1000 miles away from my home, had to quit my job and forced to spend months working on this disaster of a house in an area I hate. That isn't the problem The problem is that after spending roughly $60k of my own personal money on taxes, HOA fees, insurance, repairs, utilities and various other house-related costs, with just 2 months left before I was done and ready to put it up for sale, the other beneficiary moved back here, back in the house and is ruining everything, making a mess, not cleaning up, being impossible to deal with and preventing me from finishing things I have invested all this time and money on. They are a convicted felon with mental problems and also a pathological liar. So every time I try to come to some sort of understanding/plan/agreement with them, they don't hold up their end. Since all of the money I paid was contingent upon them staying away, I now want to know if I can get reimbursed for their half. They have spent $0 and are now staying here while I still am sinking deeper into debt with the costs of the house. The estate was originally formal probate with me to be named (as the will specifies) as the executor/PR but a few months ago it was converted to summary administration due to it being faster and the small (nonexistent, other than the house) size of the "estate". That summary administration is completed. So since there is no court-appointed PR/executor in summary administration, how would I go about getting reimbursed from the proceeds of the sale of the house? How would I go about doing this? Is a court of some sort involved? Real estate attorney? Back to the probate court? I have no idea and every day that goes by things get worse and I have to pay more bills while the other person pays nothing.
I am one of two beneficiaries of my deceased parent's estate which basically was just a house (homestead property in Florida). The other beneficiary was instructed by the deceased to leave me alone and give me sole access to the house in order to make repairs, clean, pack, and dispose of the contents. They (the other beneficiary) lived overseas and agreed to this. In exchange for being left alone, I was doing all the work, living 1000 miles away from my home, had to quit my job and forced to spend months working on this disaster of a house in an area I hate. That isn't the problem The problem is that after spending roughly $60k of my own personal money on taxes, HOA fees, insurance, repairs, utilities and various other house-related costs, with just 2 months left before I was done and ready to put it up for sale, the other beneficiary moved back here, back in the house and is ruining everything, making a mess, not cleaning up, being impossible to deal with and preventing me from finishing things I have invested all this time and money on. They are a convicted felon with mental problems and also a pathological liar. So every time I try to come to some sort of understanding/plan/agreement with them, they don't hold up their end. Since all of the money I paid was contingent upon them staying away, I now want to know if I can get reimbursed for their half. They have spent $0 and are now staying here while I still am sinking deeper into debt with the costs of the house. The estate was originally formal probate with me to be named (as the will specifies) as the executor/PR but a few months ago it was converted to summary administration due to it being faster and the small (nonexistent, other than the house) size of the "estate". That summary administration is completed. So since there is no court-appointed PR/executor in summary administration, how would I go about getting reimbursed from the proceeds of the sale of the house? How would I go about doing this? Is a court of some sort involved? Real estate attorney? Back to the probate court? I have no idea and every day that goes by things get worse and I have to pay more bills while the other person pays nothing.
I had a situation where the sister was squatting in the house like that preventing it from being sold. The probate judge had to order her out. You have to go back to court.
So I keep being told. If only they weren't so expensive. I am already out $60k. I was hoping a real estate attorney might see this and be able to help.
So I keep being told. If only they weren't so expensive. I am already out $60k. I was hoping a real estate attorney might see this and be able to help.
Yeah but the help needed is probably more than just telling you you're right to be upset and the other person should leave and/or pay you back.
The help needed is probably to do something and go to court.
If you're going to be reimbursed, and evict the person, and force a sale, you probably need to sue for it. It's bigger than online advice and small claims court.
So I keep being told. If only they weren't so expensive. I am already out $60k. I was hoping a real estate attorney might see this and be able to help.
The attorney will tell you to hire an attorney and go back to court. You will have to get an eviction order.
The attorney will tell you to hire an attorney and go back to court. You will have to get an eviction order.
How can they be evicted if they are co-owner of the house they are in? It is the $30k or so that I want so I can get the hell out of here and away from them. I will have to stop paying the utilities, HOA fees, insurance and everything else that I have been paying for the last 14 months. Their legal address is somewhere else, not this house. But mine is this house. If they had just stayed away for another 2 months, none of this would have happened - as per the agreement between everyone when this all started.
How can they be evicted if they are co-owner of the house they are in? It is the $30k or so that I want so I can get the hell out of here and away from them. I will have to stop paying the utilities, HOA fees, insurance and everything else that I have been paying for the last 14 months. Their legal address is somewhere else, not this house. But mine is this house. If they had just stayed away for another 2 months, none of this would have happened - as per the agreement between everyone when this all started.
This sounds more like a civil action if it wasn't for it being in an estate. However, I am not an attorney, nor did I stay at a Holiday Inn Express last night, but since the estate has been probated that's not part of the issue.
It sounds more like a civil issue with a claim based on information from the will. This was the deal that predicated everyone's situation, but it's changed, I'm injured and need to be made whole - if - this other family member does not want to follow the direction of the family.
But I would still get a consult with an attorney. Shouldn't cost you anything, or if they would want a retainer to research the situation, I wouldn't expect it to be much.
This is your second thread about this summary administration estate situation. You're beyond the pay grade of pretty much everyone here. Talk to an attorney.
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