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Richard
Richard, Attorney
Category: Estate Law
Satisfied Customers: 46137
Experience:  29 years of experience practicing law, including tax and estate planning.
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Hi my parents are both decised Mother died jan.22 2013 dad

Customer Question

Hi my parents are both decised Mother died jan.22 2013 dad passed three years before her they left A wii said house is to be sold and divided between my two sisters and myself My sister refuses to get out what do we do?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Richard replied 1 year ago.
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good afternoon. The estate and its assets are not your oldest sister's personal piggy bank. As executor, she has a fiduciary duty to administer the estate specifically in accordance with the terms of the will. If she fails to timely administer the estate specifically in accordance with the terms of the will...i.e., by not getting the house sold...., you can file a petition with the court to have her removed as executor for breach of fiduciary duty. You would then become the executor and will have the authority to get the house sold.




Thank you so much for allowing me to help you with your questions. I have done my best to provide information which will be helpful to you. If I have not fully addressed your questions or if you have any follow up questions, or if I have misinterpreted your questions in any way, please do not rate me yet, but simply ask a follow up question without rating so I can provide you with a fully satisfactory answer. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service with 3, 4, or 5 faces/stars so I can receive credit for helping you today. I thank you in advance for taking the time to provide me a positive rating!


Customer: replied 1 year ago.

Its not my sister who is in charge its my youngest sister who Is 52 years ol who refuses to abide by the will she has her whole family in there and her boyfriend come from Jacksonville Fl. with his R.V. parked in the yard making all changes to the landscape. My sister and I are affraid of them

Expert:  Richard replied 1 year ago.
Thanks so much for following up. Who is the executor? If it's your older sister and the property is in the estate, why is she not in charge as the executor?
Customer: replied 1 year ago.

I am my older sister is exector of my dads estate who passed 3 years ago I am exector of moms who passed Jan 22 Our youngest sister is not over anything but refuses to leave the home

Expert:  Richard replied 1 year ago.
Thanks for the clarification. If she won't leave the home voluntarily, start the process of forcing her out. To do that, you'll want to follow the following steps so you don't get accused of an illegal eviction. Even though there is no lease and she is not paying any rent, she is going to legally be deemed an "at will" tenant and legally treated as a month to month tenant. As such, you can terminate this tenancy by giving written notice of at least 15 days. If she does not leave voluntarily, under Florida law, you will then need to give a 3-Day Notice to Quit...meaning she must vacate the premises within that period or face formal eviction. Then, if she still has not left, you will have to file a petition for an eviction order. Once that is granted...you can have the sheriff evict. Unfortunately, you are not allowed to move her stuff out, change the locks, or take any other means of "self-help" eviction prior to obtaining the eviction order.
Customer: replied 1 year ago.

Can I retrieve these answers at a later date? I do not have a printer on my laptop and I want to show them to my older sister

Expert:  Richard replied 1 year ago.
Thanks for your reply. Yes, you can come back to this thread at any time. Just save the link. You can also block it, copy and paste it into a Word document if you don't have a printer available. :)
Richard, Attorney
Category: Estate Law
Satisfied Customers: 46137
Experience: 29 years of experience practicing law, including tax and estate planning.
Richard and 3 other Estate Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you

Expert:  Richard replied 1 year ago.
You're very welcome..it was my pleasure to be able to help you! Have a great evening!
Expert:  Richard replied 1 year ago.
Thank you so much for the positive rating! I appreciate having had the opportunity to serve you! If I can be of assistance to you in the future, just look me up and I will be happy to help!
Expert:  Richard replied 1 year ago.
Thank you also for the very generous bonus! I appreciate your kindness!

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