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I am a heir to an estate my wife and I have lived in the…

I am a heir...

I am a heir to an estate my wife and I have lived in the house since it was purchased, a sibling who lives out of state is the exsecator of the estate is trying to evict me. I purchased her interest years ago but did not get a lawyer and have a contract drawn up, i have receipts and the agreement was witnessed by other siblings. I'm 64 yrs old and on ss disability, what can I do?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

South Carolina

Lawyer's Assistant: Has anything been filed or reported?

Such as?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes we have been to court ..I did hire a lawyer but he took my truck as payment showed up to one hearing didn't say a word and left since then i've had to represent myself ... the judge told me I had to pay back rent and start paying rent . I refused to do so and was put in jail for contempt of court ...My sisters lawyer seems to be running the show knowing that i have no one to represent me.the judge just goes along with every thing he ask for.

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Answered in 3 minutes by:
9/15/2017
ScottyMacEsq
ScottyMacEsq, Attorney
Category: Estate Law
Satisfied Customers: 18,160
Experience: Licensed Texas General Practice Attorney
Verified

Thank you for using JustAnswer.

I'm sorry to hear about your situation. Was probate actually opened in a probate court? When did the deceased individual die?

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Customer reply replied 9 months ago
2007 my mother passed in fla ..yes it was opened in probate court. I have so much info to give I need to talk to someone to make things go along faster
yes Im here

Well, we can continue in this chat, or for an additional fee we can talk on the phone.

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Customer reply replied 9 months ago
I guess no phone calls are going to take place at that cost as I'm limited to my funds
Customer reply replied 9 months ago
you still there?
Customer reply replied 9 months ago
no reply, did you just walk away?

Yes, sorry, I had to step out for a few minutes. So to be clear, it was opened, and your sibling was actually appointed executor of the estate by the court?

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Customer reply replied 9 months ago
but we later found out that she had lied on her app about the will she said she didn't know of a will but when we finally got a copy of it she actually had witnessed it....her lawyer wouldnt allow a copy of the will to be read.... as we later found out that another sister was to be the executior .

And probate was never completed, correct? When you say she's trying to evict you, has she already filed for eviction, or has she sent a notice to vacate, etc...?

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Did you see my follow up question to your issue?

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Customer reply replied 9 months ago
it was never completed correct. yes her lawyer has and the judge ok'ed it....I was sent a letter to vacate imedeatitaly.

And you said that you have receipts of the payment, and that the agreement was witnessed by other siblings. Did you buy them out of their shares as well?

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Customer reply replied 9 months ago
the judge told her to get a realitor and sell the house .... I Thought all of the heirs had to agree on to sell or not to sell the house and to who and how much... note..her name is ***** ***** deed along with my mothers and it read thelma AND donna NOT thelma OR donna.. her name was on there only as a convence, as I owed the IRS and mom was worried of a lien being put on the house if my name was on the deed

I see. Thank you for that additional information. Please give me a few minutes while I type a response. I am still here with you, but it does take a bit of time to type a complete response.

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Customer reply replied 9 months ago
I have reciepts but they don't say any thing about buying the house....yes I have affidavids from the other siblings stating that I was buying donnas share of the estate ...the rest of my sibliings said i could have their share .

The executor would have to give you AT LEAST a 15 day written notice to vacate the premises. Anything less (such as "immediately") is not going to be enforceable, and could even constitute a "wrongful eviction" should she try to actually kick you out. She has to give you 15 days written notice, and until you have a written notice that actually says that you have 15 days to leave, you wouldn't have any obligation to leave even if you didn't have any ownership rights.

That being said, you do have ownership rights to the house, if nothing more than because you're a beneficiary of the estate. But you also purchased the house, so you can compel the executor to sign it over to you. It's abundantly clear that the executor is acting in bad faith here. You can hire a lawyer, file paperwork to have the executor removed from this position, and have either yourself or someone else appointed in this role. If the court determines that there was bad faith, the court can hold her responsible for any costs associated for removing her (attorney fees, interest, etc...) as well as sanctions. It also seems like fraud, selling you property and then reneging (but keeping your money).

That being said, you need to contact an attorney in your area that deals with probate cases. Go to www.lawyers.com or www.legalmatch.com to find an attorney in your area. You should be able to find one that will give you a free initial consultation and better advise you of your rights, any problems with your case, likelihood of success, how courts are treating cases such as yours in your area, and what you should do next.

Now you can certainly threaten her with this, saying that if she tries, you will take her to court for wrongful eviction, bad faith, breach of fiduciary duties, contempt (if she didn't sell the house like the court told her to) and fraud. Maybe she'll think twice. But if she continues to pursue eviction, get a lawyer and sue the you-know-what out of her.

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

Thank you, ***** ***** luck to you!

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Customer reply replied 9 months ago
the judge said because i didnt hire a lawyer and have a contract drawn up first that i was out of luck on the money.... my plan was to make it simple pay for the house then get her to come up here and get every thing done in one day

This is the probate judge? You actually challenged this in court and the judge sided with your sister?

ScottyMacEsq
ScottyMacEsq, Attorney
Category: Estate Law
Satisfied Customers: 18,160
Experience: Licensed Texas General Practice Attorney
Verified
ScottyMacEsq and 87 other Estate Law Specialists are ready to help you
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Customer reply replied 9 months ago
Also the state of sc has a probate code that states that if anyone recieves any monies , material things such as cars boats etc. those things must be returned to whomever they were feceived from 100% of it must be returned if gotten before probate was finalized. SO what about my money ,it's like the judge didn't know or read S.C.state probate laws.

Exactly. How did you ask? Was it in a motion to remove her as executor?

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