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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 23358
Experience:  14 years real estate, Realtor. Landlord 24+ years
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My mother passed away in Nov of last year and hers and my dads

Customer Question

My mother passed away in Nov of last year and hers and my dads house, he is deceased also, the house was put in the childrens names in 1975, my three brothers and myself. When my mother passed, her will was made so that I was in charge of her items in the house, the will was made by an attorney, so that I did not have to use the courts or hire another attorney. My brother has and his family have removed almost everything in the house, when I try to go and get some items, he shows up and pounds hs fist onthe table saying nothing will not leve that house, after he has removed ove 3/4ths of it. My mother said we were to take back the things we had gotten her or let her use, I was suppose to get several thing and he took them all, have gone in and thrown my mothers things in the floor and walked on them, dumped their cig butts and ashes in the middle of the table, everytime I go in the house and see that I cry, they are disrespecting everything my parents had and this is all over some costume jewelry my mother gave me before she passed, she gave it to me onb a Wed and passed on a Sun, the jewelry was removed on the Weds because she insisted on it. He also thinks I got a large amount of money from her ins when he was sitting right there when I handed the polices to the funeral director, My mother had around 10,000 dollars for her funeral, I told him, I would pay what bills I could with the left over money. I want to rent the house now and he says NO, he will not rent it, I own 1/2 the house,as one of my brothers deeded it to me more than 7 years ago, he is now deceased, my brother says that was illegal and we went through the courts, noterized and recorded. have another brother that is deceased, but his share went to his wife, I went to an attorney and went through all of the legal channels to do it right, so she owns 1/4th of it and we, she and I own 3/4 of it. I even offered to give him the house, he said no, we would do it the correct way and then started carry and tearing the house up. Then I offered to let him have the house if he would pay last years taxes, he said the person that lived there last year had to pay the taxes, a bit over 800.00, he said no so I stopped trying to make it easy on him, but they continue to take, and if I say he took it he say prove it. My mother wanted her daughter in law to have the house because she cared for my mother for almost 7 years, my mother tolhim this on a Fri and he said we'll see,they did nothing but take from my mother, my question is can we rent it now and how can I get my money for the taxes and the other bills from him, as he won't give it to me? I paid the bill for as long as I could and then I had to pay them out of my pocket, plus my own bills.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
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I am very sorry to hear that brother is acting this way after the passing of your mother. I know family disputes like this can be very difficult to deal with.
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Have you actually filed a probate case to settle the estate and be appointed executor?
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Have you considered selling the house so as to end this dispute?
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Does brother think he is entitled to the personal property because he thinks you got an insurance check?
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Thanks
Barrister
Customer: replied 1 year ago.


I have not filed a probate case as the way the will read, I did not think I had to, it was only the items in the house, and the outbuilding, and yes I have considered selling the house, but until I can I do not want it to sit empty, to get run down. I was going to rent it to my son for 600.00 a month, I at least know he would take care of it, and I even offered Mike 1/3 of the rent money, when I did not have to do as I own 1/2 of it, Mike has always gotten everything he wants and yess he thinks I got a large check, almost all of it went towards my mothers funeral, plus my mother and I had a joint checking account together and he thinks there was lots of money thereand there wasn't. As I said I had been paying out of my own pocket, and I only get 1031.00 a month and I get medicaid and 50.00 in food stamps, I was investigated by them, showing my bank accounts and they want it to be rented or sold.

Expert:  Barrister replied 1 year ago.
From a practical perspective, if it is just personal property that doesn't have a title like a vehicle, then there would not normally be any reason to open a probate case because the heirs would just split it up according to what the will said.
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But here, with brother being so difficult, it would have been a good idea because it might have prevented him from taking the property and could force him to return it via court orders under threat of contempt of court and jail. So it would be up to you as to whether you wanted to go that route to try and force him to return the personal property to the estate for distribution. However, considering his demeanor, it might not be worth the mental and emotional toll it would take to get this done...
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As for renting the property, you could enter into a lease with someone, but brother could file suit to evict them because he did not agree to rent his 25% interest.
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With that said, you can force a sale of the property by filing a "partition suit" in court against brother if he won't agree to sell the house. This is where a judge orders the property sold, either by listing it with a realtor and then auctioning it after a while, or just by a straight public auction. This request can not be denied, so it would just be a matter of getting an attorney to help with filing the request.
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As for the taxes and maintenance, since he owns 25% of the property, you could file a suit against him in small claims court for 25% of the cost of these items as he has a duty to contribute to them since he is an owner of the property.
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But honestly, to me it seems like your best bet would be to file a partition action to sell the house so you can finally settle this and put it behind you.
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Thanks.

Barrister

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If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 23358
Experience: 14 years real estate, Realtor. Landlord 24+ years
Barrister and 6 other Real Estate Law Specialists are ready to help you
Customer: replied 1 year ago.


Thank you very much so much for advice.

Expert:  Barrister replied 1 year ago.
You are very welcome. I hope I was able to help a bit..
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Thanks
Barrister
Customer: replied 1 year ago.


Already knew all of what he said could be done in selling of house, was told in Jan by an attorney.

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