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    Nancy4Nosey's Avatar
    Nancy4Nosey Posts: 3, Reputation: 1
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    #1

    Nov 27, 2006, 03:12 PM
    Evicting sibling from deceased parents home-rights
    Adult sibling lived in deceased Missouri parent's home for five years. Paid no rent, used $20,000 in funds for own use-bank records document the usage. Need to get sibling out of house. Pot smoker caused extensive smoke damage that now needs to be removed from home. Occupant sibling willing to allow workers into home to do repair. Need sibling out to scrub walls and surfaces to remove pot ordor, then repaint without sibling smoking up home again.
    What are the sibling ocupants rights?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #2

    Nov 27, 2006, 03:17 PM
    Who got the home in the will? What "funds" did he use? Who is the executor of the will or was there a will at all?

    Since the parents are deceased, before we can answer this question we need to know the legal ownership.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Nov 27, 2006, 04:02 PM
    Yes, I will agree, is this sibling part owner of the home?

    And to get access to the money, they either inherited it, or the executor of the will did a poor job.

    So what is your relationship in all of this, and who owns what ?
    Nancy4Nosey's Avatar
    Nancy4Nosey Posts: 3, Reputation: 1
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    #4

    Nov 28, 2006, 12:44 AM
    Quote Originally Posted by ScottGem
    Who got the home in the will? What "funds" did he use? Who is the executor of the will or was there a will at all?

    Since the parents are deceased, before we can answer this question we need to know the legal ownership.
    There are four siblings. Three of the siblings live out of state. Father preceded mother in death. House left was TOD to all four equally. There was a will, estate was/is too small for probate. The executor named in the will relinquished his rights to be executor; two siblings also refused the job and all agreed that the eldest sibling should be the exec. Original executor, who is occupying home, did not want responsibility for labor involved in job title.
    Title change on home from deceased to four siblings is filed and completed.
    All siblings agreed to donate monies needed to repair home before selling. All have contributed, as agreed, to this point. All paid from life insurance monies also left POD four ways. Home insurance paid by deceased until July of 2007. All four agreed estate would pay utility bills as needed to protect investment. (Thinking we should sell home by end of February, and bills would be reduced once current occupant moved out.). Occupant transferred cable TV bill into his name to avoid disconnection.
    Occupant has agreed to allow workers into home to repair/replace bathroom problems, remove age/smoking-damaged wallpaper and replace front doors and patio door off kitchen. Possessor refuses to have workers in house for further work until he has moved out. (Further work consists of washing walls to remove pot smoke smell and then applying two coats of paint.)
    Home occupant has been unemployed for last two years, paid no rent, utilities, or food. Had access, given by deceased, to ATM card. He has agreed to keep mother's dog, which has eliminated some homes/trailer park desirable sites. He also received outright ownership of 1997 van with wheelchair lift at mother's death through TOD. He has changed title and insured said van as of 11/21/2006. He agreed to be out of home, if possible, by end of November. Possessor did not start researching housing until one week before siblings were to arrive to clean out home and decide who would take what furniture on 11/22/2006.
    Nancy4Nosey's Avatar
    Nancy4Nosey Posts: 3, Reputation: 1
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    #5

    Nov 28, 2006, 12:59 AM
    Quote Originally Posted by Nancy4Nosey
    Adult sibling lived in deceased Missouri parent's home for five years. Paid no rent, used $20,000 in funds for own use-bank records document the usage. Need to get sibling out of house. Pot smoker caused extensive smoke damage that now needs to be removed from home. Occupant sibling willing to allow workers into home to do repair. Need sibling out to scrub walls and surfaces to remove pot ordor, then repaint without sibling smoking up home again.
    What are the sibling ocupants rights?
    There are four siblings. Three of the siblings live out of state. Father preceded mother in death. House left was TOD to all four equally. There was a will, estate was/is too small for probate. The executor named in the will relinquished his rights to be executor; two siblings also refused the job and all agreed that the eldest sibling should be the exec. Original executor, who is occupying home, did not want responsibility for labor involved in job title.
    Title change on home from deceased to four siblings is filed and completed.
    All siblings agreed to donate monies needed to repair home before selling. All have contributed, as agreed, to this point. All paid from life insurance monies also left POD four ways. Home insurance paid by deceased until July of 2007. All four agreed estate would pay utility bills as needed to protect investment. (Thinking we should sell home by end of February, and bills would be reduced once current occupant moved out.). Occupant transferred cable TV bill into his name to avoid disconnection.
    Occupant has agreed to allow workers into home to repair/replace bathroom problems, remove age/smoking-damaged wallpaper and replace front doors and patio door off kitchen. Possessor refuses to have workers in house for further work until he has moved out. (Further work consists of washing walls to remove pot smoke smell and then applying two coats of paint.)
    Home occupant has been unemployed for last two years, paid no rent, utilities, or food. Had access, given by deceased, to ATM card. He has agreed to keep mother's dog, which has eliminated some homes/trailer park desirable sites. He also received outright ownership of 1997 van with wheelchair lift at mother's death through TOD. He has changed title and insured said van as of 11/21/2006. He agreed to be out of home, if possible, by end of November. Possessor did not start researching housing until one week before siblings were to arrive to clean out home and decide who would take what furniture on 11/22/2006.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #6

    Nov 28, 2006, 07:42 AM
    Since the "possessor" is a 1/4 owner of the property, then the only way you can get him out is by buying him out. However, a good attorney might convince a court that living in the home rent free for 5 years could be applied towards the buyout. Also the $20K might be included in that.

    Once, he's off the deed, then you can evict him. However, it sounds like he will move, you just need to give him more time and a stronger push.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #7

    Nov 28, 2006, 09:17 AM
    Quote Originally Posted by Nancy4Nosey
    (Further work consists of washing walls to remove pot smoke smell and then applying two coats of paint.)
    Hello Nancy:

    Don't you worry about the pot. Once he's gone, the smell will be too. It doesn't permeate or discolor walls and furniture like tobacco smoke does.

    I can tell by the way write about pot that you aren't going to believe me, but a little truth never hurt anybody.

    excon

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