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Ask Ely Your Own Question
Ely
Ely, Counselor at Law
Category: Estate Law
Satisfied Customers: 100009
Experience:  Fully licensed attorney in Texas in private practice.
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What has to be done when there brothers are settliing an estate

Customer Question

What has to be done when there brothers are settliing an estate and one chooses not to sign LLC/
Submitted: 1 year ago.
Category: Estate Law
Expert:  Ely replied 1 year ago.
Hello and welcome to JustAnswer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; and (B) the site allows experts not participate in phone calls and I may or may not be able to participate in this feature.
Can you please tell me:
1) What STATE this is in, and
2) What exactly happened, with a little more detail?
This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.
LouisianaMother passed without a will, father passed three years ago without will as well. Brothers are settling. One of the three brothers now chooses not to sign LLC.
Expert:  Ely replied 1 year ago.
Thank you.
Please explain what you mean by chose not to sign the LLC?
An LLC is a corporate entity. What exactly are they signing and how is an LLC involved in a probate matter?
Customer: replied 1 year ago.
The attorney is having them sign the LLC due to property that is still being leased by deceased parents. One was appointed power of attorney to over see estate. There is no longer a power of attorney. They are splitting properties.
Expert:  Ely replied 1 year ago.
Thank you.
Okay, so there are tenants on the property that is meant to go to the brothers.
The attorney has created an LLC to oversee the tenancy through to its end until the property can then be given to the brothers.
One brother refuses to sign off on this.
Is this what is happening?
Customer: replied 1 year ago.
That is exactly what is happened. Do they have to have an LLC? One of the brothers has first rights to the house of which his son now lives in.
Expert:  Ely replied 1 year ago.
Thank you.
No, they do not have to have an LLC. However, the tenants have a right to finish the tenancy, and cannot be kicked out. Therefore, the attorney is proposing having an LLC temporarily that manages the property until the end of the tenancy.
The LLC allows the brothers to (likely) have equal rights and checks and balances to the rent money coming in, for example.
If one brother does not sign, then they do not HAVE to. However, the other parties may take this to the probate court which may then confirm that this is the best method and allow it anyhow. Alternatively, the probate can stay open and the Executor continues to collect rent to put into an escrow account until the tenancy ends, at which both the property and the money collected into an escrow account is given to the parties. This is also a possibility.
I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please rate when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces/stars and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.
Customer: replied 1 year ago.
Good Afternoon,The house is among the estate that id being rented to a family member. Two of the brothers want to sell to the tenants. However one of the three brothers is not in agreeance what would need to be done?
Expert:  Ely replied 1 year ago.
Welcome back.
Once the property is finally given to the brothers and after probate is over, then they can file in court for a partition.
The Court then can decide whether to sell the property and split the proceeds, whether to force some parties to buy others out, and/or whatever else may be equitable.
Gentle Reminder: Please, use the REPLY or SEND button to keep chatting, or rate positively and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
Customer: replied 1 year ago.
One more question for today. If the property next door that the three brothers own and two of the brothers grant me access, does the same apply?
Expert:  Ely replied 1 year ago.
No problem.
If you are not one of the brothers, then you cannot claim any type of interest in the property just because someone let you stay there.
The same generally applies, yes.
Gentle Reminder: Please, use the REPLY or SEND button to keep chatting, or rate positively and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
Customer: replied 1 year ago.
Good Morning,If I own two thirds of the property and someone else owns a third of same property do I have more control of the management or can he do anything without my consent or how do we go about managing?
Expert:  Ely replied 1 year ago.
Define "managing?"
Customer: replied 1 year ago.
Upkeep an making improvements.
Expert:  Ely replied 1 year ago.
Thank you. No - all have equal control, arguably.
If the parties cannot agree on how to keep the property, they have to go to court to resolve it.
If they can come to an agreement, it should be in writing.
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