POA-trying to evict

[momoftwo01]

New Jersey

I am the POA of my mothers estate and I am trying to evict a sibiling out of my mothers house. The plan was agreed upon with my sibling that he would move out- this way we can use the house as additional income which woud be split among us. We bot had agreed on a specific date that he would be out, however that was 2 months ago and still nothing. Now things a tense between us. Any ideas on how to proceed?? My sibling can not afford the house if he chose to stay. I am paying for the mortage out of the estate money however, that is dwindling. Need some advice on how to proceed.

 

[BlondiePB]

New Jersey

I am the POA of my mothers estate and I am trying to evict a sibiling out of my mothers house. The plan was agreed upon with my sibling that he would move out- this way we can use the house as additional income which woud be split among us. We bot had agreed on a specific date that he would be out, however that was 2 months ago and still nothing. Now things a tense between us. Any ideas on how to proceed?? My sibling can not afford the house if he chose to stay. I am paying for the mortage out of the estate money however, that is dwindling. Need some advice on how to proceed.

Your POA expired the moment your mother died.

 

[momoftwo01]

Trying to evict...

My apologies, I am the executor of the estate as well as the poa. I understand now that she has passed my poa has expired.
But as executor of her estate how do I evict my sibling? Since my orginal posting, my sibling & I are are no longer on th best of terms. I was afraid that this was going to happen. According to my mothers will, I am in charge of everything and am to disberse the insurance money / estate as I see fit. ( My sibling was not the best to my mother) Over the past months I have given more than "his share" of his inheritance for his expenses (car payment, insurance, food, license restoration, cable etc.)
Please .. any advice will help me out.

 

[BlondiePB]

Ah, Squibblings....

My apologies, I am the executor of the estate as well as the poa. I understand now that she has passed my poa has expired.
But as executor of her estate how do I evict my sibling? Since my orginal posting, my sibling & I are are no longer on th best of terms. I was afraid that this was going to happen. According to my mothers will, I am in charge of everything and am to disberse the insurance money / estate as I see fit. ( My sibling was not the best to my mother) Over the past months I have given more than "his share" of his inheritance for his expenses (car payment, insurance, food, license restoration, cable etc.)
Please .. any advice will help me out.

An executor is not a POA. An executor is a court authorized legal representative of a decendent's estate upon the court issuing Letters of Administration.

Evict your squibbling following your state's Landlord/Tenant statutes.

(P.S. Squibblings are squabbling siblings. )

 

[anteater]

An executor is not a POA. An executor is a court authorized legal representative of a decendent's estate upon the court issuing Letters of Administration.
Evict your squibbling following your state's Landlord/Tenant statutes.

(P.S. Squibblings are squabbling siblings. )

Something sounds odd here. So, momoftwo01, let's ask the basic question: are you the executor of the estate under the definition that BlondiePB gives above? Has the will been submitted to Surrogate's Court and has the court appointed you as executor?

Does the will literally say you can distribute the assets "as [you] see fit."?

 

[Dandy Don]

Consult a landlord/tenant/eviction attorney. The eviction procedures must be followed strictly in order to achieve an eviction--if there is a slip-up along the way, the tenant gets additional time to live in the home.

Is the home going to be sold or just rented out?

 

[BlondiePB]

Is the home going to be sold or just rented out?

What does this matter?

momoftwo01, don't answer that question about selling/renting the house. It's an irrelevant question that's not necessary to your situation.

 

[Dandy Don]

It's relevant because the person occupying the home often thinks he can continue to live there rent-free just because he may have an ownership stake. If there is an instruction in the will saying the home should be sold then executor can use the promise of a share of the profit sale as an inducement to get the party out of the home without aggravation. It's a free country and I can ask any question I want whether you understand the motive behind it or not.

 

[momoftwo01]

POA trying to evict

New Jersey....

Thank you for all commenting. Just want to clarify. Yes I am the executor of the estate per the court. I am legally responsible for the entire estate which includes the house. I have all legal documents that states " I am to distribute the estate as I see fit to the beneficiaries". Two of the beneficiaries are my sibling's children. My sibling is living rent free, carefree etc. I have been paying all the bills for the house out of the estate funds.

Dandy Don stated:

"It's relevant because the person occupying the home often thinks he can continue to live there rent-free just because he may have an ownership stake."

I do agree with this statement-This is the big problem....
originally we both had agreed the he would move out & we both use the house as secondary income, however that's no longer the case. My attorney is no help- doesn't return phone calls etc..I'll try an attorney for landlord/ tenant issues. Thank you all...

 

[BlondiePB]

It's relevant because the person occupying the home often thinks he can continue to live there rent-free just because he may have an ownership stake.

What a person thinks vs. what is (disposing of assests), are two different things.

Originally Posted by Dandy Don
If there is an instruction in the will saying the home should be sold then executor can use the promise of a share of the profit sale as an inducement to get the party out of the home without aggravation.

A "free-loader" doesn't want to get off the free ride.

Originally Posted by Dandy Don
It's a free country and I can ask any question I want whether you understand the motive behind it or not.

I agree with it's a free country; however, this site is privately owned with the priviledge of not having to abide with free speach afforded to us in the U.S. Constitution.

 

[BlondiePB]

New Jersey....

Thank you for all commenting. Just want to clarify. Yes I am the executor of the estate per the court. I am legally responsible for the entire estate which includes the house. I have all legal documents that states " I am to distribute the estate as I see fit to the beneficiaries". Two of the beneficiaries are my sibling's children. My sibling is living rent free, carefree etc. I have been paying all the bills for the house out of the estate funds.

All THIS is relevant.

Originally Posted by momoftwo01

Dandy Don stated:

"It's relevant because the person occupying the home often thinks he can continue to live there rent-free just because he may have an ownership stake."

I do agree with this statement-This is the big problem....
originally we both had agreed the he would move out & we both use the house as secondary income, however that's no longer the case.

What is relevant is what you have the power to do, not what your squibbling thinks.

Originally Posted by momoftwo01
My attorney is no help- doesn't return phone calls etc..

Call this attorney and request an update. I'm confident he'll return your call pretty fast.

Originally Posted by momoftwo01
I'll try an attorney for landlord/ tenant issues.

Good idea.

Originally Posted by momoftwo01
Thank you all...

You're very welcome. Good luck.