Legal Question in Wills and Trusts in Florida
Good morning,
My mother passed away in January and has left her assets to 4 children to be split evenly. My brother refuses to leave her house and will not let the 3 of us sisters into the home to get it ready for market when the probate is completed in about 4 weeks from now. We have tried to reason with him and he gets very nasty with us. He has also changed the locks so we can't get in and refuses to give us copies of the key. He doesn't take care of the property and doesn't pay the mortgage on it or anything else. He also smokes pot in the house as my sister smelled when she walked in before he has changed the locks. I am the Personal Representative to her Estate named in her Last Will and Testament. What options do me and my 2 sisters have? Thank you
3 Answers from Attorneys
You need to obtain court order to have Sheriff eject him.
You, in your capacity as Personal Representative, are required to be represented by an attorney. Hire one and put the onus on him or her to do what's necessary, or at least advise you to do what's necessary.
Don’t close out estate until he is removed. Have your attorney do this within the estate itself.