Legal Question in Wills and Trusts in Florida
I am the executor in my mother's will with one sibling. The sibling, though 8 years older, is unemployed with a disabled daughter. I am in Vegas, sister is in NC. Expecting my mother's jewelry to gain value in resale, she gave her landlord notice and has already lost her house to the next tenant. The jewelry worked out to have little value - not enough to support her until the house sells (which will have value). As a result, she feels "justified" in taking up residence in my mom's house until it sells (basically, she has nowhere else to live - or isn't trying to find anywhere). Despite trying to remain "upbeat" and "low maintenance" with the estate attorney, he's already seeming, annoyed (?) I want to remain positive and matter-of-fact, until the estate is resolved. My question is: How can I prevent my sister from essentially "squatting" at the house? I know my mom would freak! It would be so much more simple to sell the house without her in it, and what if she messes it up, or doesn't want to leave right away, etc? As the executor, it feels like I have no position to prevent this (I don't mind her going there to take what she'd like to have, or sell some things, but not to reside!) What are my rights and wouldn't we both have to agree on it?
2 Answers from Attorneys
It will depend on what the Will states. If the house is to go to both of you then 1. have her buy you out or 2. sell the house.
Unfortunately she may have a right to stay in the house until it is sold. Any damage will be deducted from her share of the proceeds in order to sell this house. I am surprised the lawyer on the estate is not giving you advice. Who hired this person and what did you pay for.
Your attorney is the one to assist you with this problem. Seek his counsel and solutions. Some are easier, such as a lease and agreement to reduce the share of proceeds by those sums, and others are more aggressive like eviction. Act quickly and get your attorney to assist.
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