Legal Question in Wills and Trusts in Florida
estate foul up
in 2006 mom passed away leaving each person 1/3 of the estate according to her will my brother is the p.r. and he and my sister moved into her house because they said they wanted to live there and possibly buy the house from the estate we agreed that i would get 78,000 even though my 1/3 would have been alot higher now they say they cannot afford the house and and it sold in jan 09 and all that is left is 58,000 because they did not pay the taxes for 2 yrs and that was added to the mortage payoff now their claiming they should get 1/3 of what is left
the house did not go on the market until late 2008 so for 2 1/2 yrs they did nothing can they be held responsible for this my brother finally hired a lawyer in 2008 to probate the estate your thoughts
3 Answers from Attorneys
Re: estate foul up
Your brother, as personal representative, had a fiduciary duty to the estate and all the beneficiaries. In 2006, he owed a legal duty to collect the assets and disburse the monies to all of the beneficiaries. If your sister and brother wanted to buy the house in 2006, there should have been documentation of the sale which spelled out how you were to receive your share of the estate and the exact amount.
There are many questions I have before I can answer you in detail; such as the documentation of the estate, any documentation you may have signed, what was filed with the Court, did your siblings pay rent, taxes, etc. before I can give you a clearer answer. If you wish to discuss this, feel free to send me your e-mail address and further information.
Re: estate foul up
They should have paid you 1/3 of a fair mkt rent and owe 2/3 of the taxes.
Re: estate foul up
They should have to pay the estate fair market rent for the time they lived in the house. One third of that rental ampount would be yours, after payment of the taxes from the rental proceeds.
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