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dcrudup127 · Jul 31, 2012, 05:38 PM

My mother passed away in 2006 she left an estate which had a mortgage payable. The will left the home to her 3 sons and 1 daughter(deceased 2002). I moved into to the home in 2007 and have been paying rent of $450 a month to my brother(who is the executor of estate) for rent. During the period from 2007 through 2010 I missed several payments which I was unaware of since my brother never informed me of this. I lost my job on 3/16/2011and have been unable to find comparable work. Last year my older brother moved in with his girlfriend and they pay $250 a month each for rent. January 2012 my younger brother (the executor) informed my older brother and me of the missing payments and I began to pay an additional $100 a month for the arrears. In July 2012 my unemployment ran out and I am being evicted by the 2 of them. Is this possible? I have paid my rent every month steadily since 3/16/11 except for this month.

makpaker23 · Aug 1, 2012, 04:27 PM

Did your mother specify that you all 3 spilt it however you brother is the decision maker?

AK lawyer · Aug 2, 2012, 05:30 AM

Originally Posted by dcrudup127

... i am being evicted by the 2 of them. Is this possible? I have paid my rent every month steadily since 3/16/11 except for this month.

It's unclear who "the 2 of them" are. If the estate has not closed, it still owns the property. In that case, sure, the executor can evict you if all of the rent has not been paid; or, of you are a month-to-month tenant, for no reason at all.

Fr_Chuck · Aug 2, 2012, 05:46 AM

The executor of an estate can evict someone for not paying rent. If you are to be one of the owners, why is the estate taking so long to settle?

dcrudup127 · Aug 2, 2012, 06:17 PM

The will stated it be split between the 4 kids of which I am one of them.remember the house is not paid for.

dcrudup127 · Aug 2, 2012, 06:19 PM

Originally Posted by Fr_Chuck

The executor of an estate can evict someone for not paying rent. If you are to be one of the owners, why is the estate taking so long to settle?

The house is not worth the mortgage we are paying therefore we live there and pay the mortgage

joypulv · Aug 2, 2012, 06:32 PM

I find it hard to believe that the house is still in probate after 6 years, so you should be a one third owner, from what you have said so far. No one can evict you, even for non payment of rent, although they can sue you for rent. But this is puzzling, because the mortgage sounds like it's still the same one your mother had?
You need to clarify the facts: when was probate final, whose names are on the deed, and what were the terms of the will regarding the house, other than leaving it to 3 of you?

ScottGem · Aug 2, 2012, 06:35 PM

Originally Posted by dcrudup127

During the period from 2007 thru 2010 i missed several payments which i was unaware of since my brother never informed me of this.

I am bothered by the above statement. You know you are supposed to pay monthly and you didn't know you missed a payment? Sorry but I don't buy that. The only thing that comes before housing is food.

On the other hand, does the executor plan on renting to someone else to cover the mortgage? What good does it do evicting you unless he is going to rent to someone else?

AK lawyer · Aug 2, 2012, 06:50 PM

Originally Posted by joypulv

I find it hard to believe that the house is still in probate after 6 years, so you should be a one third owner, from what you have said so far. ...

The OP said the house is upside down. One could look at two ways, neither of which would help the OP:

The house should immediately be sold, and the proceeds divided up among the heirs. Since there is no equity. Upon sale there would be nothing to be divided.
The house could be conveyed to the heirs in common. Then they could fight among themselves as to which one will pay the rent. If they can't agree, and as a result the rent isn't paid, the bank will eventually foreclose. Again, they are all out on the street.

Looking at it like this, it makes sense to not close the estate. A rental arrangement makes payment of the mortgage more stable than co-ownership, it seems to me.

Originally Posted by joypulv

... You need to clarify the facts: when was probate final, whose names are on the deed, and what were the terms of the will regarding the house, other than leaving it to 3 of you?

As I read what OP has told us, title is still in the decedent's estate.

dcrudup127 · Aug 2, 2012, 07:26 PM

The name on the deed is my mom, the will was probated on 9/12/06, and nothing else was mentioned.

ScottGem · Aug 2, 2012, 07:30 PM

You mean the will was SUBMITTED for probate. It appears to still be in probate.

joypulv · Aug 3, 2012, 11:43 AM

Since it seems that the deed is still in her name and the will hasn't been through probate, then the executor can evict you. It would behoove you to find out how many months you owe (and keep better track of bills yourself - it's not your brother's job to let you know you missed any) and BEG for a payment schedule. Which, with no more unemployment and no job, doesn't sound likely to happen. Why weren't you planning for this?