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My mother passed April 30th here in Fl. Probate began in mid…

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My mother passed April...

My mother passed April 30th here in Fl. Probate began in mid May and continues. I am her son, 69 yrs old and there is no estate but she left only her home in West Melbourne. Her will identifies me as her personal rep since Dad died earlier. My sister and I are identified as equally inheriting the house, having us sell it and share in the procedes. My sister passed before Mother died and the sister's share goes to her son, my nephew also living in West Melbourne. He and I are at disagreement to reimbursing me for expenses to maintain the house since her passing. 3 days prior to her passing I allowed a young family to become caretakers of the empty house for a 6 month period. Mother passed 3 days after the family moved in and probate began. There was no rent charged and the family took care of the lawn and paid us a small amount to cover the property tax for those 6 month. Am I correct that I should be reimbursed for my expenses to maintain the house since her passing? Thank you for your help.

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

Sure, Florida

Lawyer's Assistant: What documents or supporting evidence do you have?

Her will, all receipts of my expenses....water leaks, water heater, hurricane repairs I did to roof, signed statement from Mother approving of reimbursing me for new windows and shutters in the house before she moved into a local assisted living.

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

Nephew doesn't want me reimbursed for any of these expenses, even the money I paid for services of our local probate lawyer. Thanks

Submitted: 8 months ago.Category: Legal
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12/10/2017
Lawyer: Legal Eagle, Lawyer replied 8 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,280
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Lawyer: Legal Eagle, Lawyer replied 8 months ago

Thanks so much for your patience. Generally, co-tenants to a property are not required to reimburse the other for any expenses on the home. If you were the personal representative of the estate at the time you incurred expenses, then you can get some reasonable reimbursement from the estate; however, the co-tenant isn't generally required to reimburse you. In addition, you also aren't required to provide any rent income to them either. You can agree to split the rent, but it's not required.

What other questions did you have for me today that I can help you out with:-)?

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Customer reply replied 8 months ago
I am the personal rep. There was no rent money from caretakers. I'm expecting to get house maintenance expenses reimbursed from sale of her house we both will own once probate is done.
Lawyer: Legal Eagle, Lawyer replied 8 months ago

i see. That is a reasonable way to get the reimbursement that you need. Just so long as it is reasonable reimbursement (there's no bright line as to what that is) then you will be in good shape. What other questions did you have for me?

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Customer reply replied 8 months ago
Can nephew block sale on house if he disagrees with expenses repaid from house sale? Do I as PR have overriding authority?
Lawyer: Legal Eagle, Lawyer replied 8 months ago

The nephew can't block the sale of your portion of the home, but he doesn't have to give up his share of the home at all. The sale of the entire property cannot go through unless he consents, but you can sell your portion of the home for whatever price you want and keep the proceeds, so long as he keeps his share. He could agree to sell his share as well and you two split the proceeds of the home, depending on your share of the ownership.

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Customer reply replied 8 months ago
I'm unfamiliar with selling my portion of the house
Lawyer: Legal Eagle, Lawyer replied 8 months ago

Well, if you are co-owners, then you have half the property and he owns half (presumably). This means that you could sell your half of the property signing over a quit claim deed that has your nephew's name and the new owner's name on it. The quit claim deed is something that transfers title to the property to someone else's name. Practically, the person could give you a check for your share of the property, you have them sign a quit claim deed and have your nephew sign the same quit claim deed. This releases your interest in the property while preserving your nephews. If your nephew wants to sell the rest of his share of the home to the person, they can get a new quit claim deed that makes the person a new owner Does that make sense?

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Lawyer: Legal Eagle, Lawyer replied 8 months ago

Well, if you are co-owners, then you have half the property and he owns half (presumably). This means that you could sell your half of the property signing over a quit claim deed that has your nephew's name and the new owner's name on it. The quit claim deed is something that transfers title to the property to someone else's name. Practically, the person could give you a check for your share of the property, you have them sign a quit claim deed and have your nephew sign the same quit claim deed. This releases your interest in the property while preserving your nephews. If your nephew wants to sell the rest of his share of the home to the person, they can get a new quit claim deed that makes the person a new owner Does that make sense?

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Customer reply replied 8 months ago
Thank you, ***** ***** Merry Christmas!
Lawyer: Legal Eagle, Lawyer replied 8 months ago

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