Car/furnishings Stolen Lawyer clueless PLEASE please help me

[MrsMoe]

Florida

My father passed away in Decemeber. My brother and I are the only persons in the will (50/50.)

The 2 PR's (my father's friends) refused to be PR over the estate, so ti was passed on to me (my brother is a convicted felon.) I live in Canada, but hired a lawyer immed. after my father's death.

As of now, my brother is living in the house, and slowly destroying it. He has sold alsmot everything in it, the car has been impounded in another County, and I'm losing my mind. My lawyer says I cannot evict my brother because the property is Homesteaded, which gives him 50% right to live there. He said we cant' have him arrested for theft of the car (the car is new) nor can we have him arrested for the furniture theft.

My brother refused to allow me to send repair persons over, and he refuses to allow me to send over my real estate agent.

The only thing I can do according to my lawyer is go to court, where a Judge can either order that I A) Can sell the house through a real estte agent or B) The Courthouse will sell the house (and we will get nothing for it.)

Is my Lawyer right? I cannot believe that he can possibly be right. Can I collect back rent?

I tried called around and nobody in the area will take my case (switch lawyers.) Tthey won't touch it and keep telling me it sounds like a nasty mess.

Please give me advice. I'm hurting so much here, and I cannot believe legally as PR and 50% owner of the estate that I can get taken for such a ride.

[divgradcurl]

What is the status of probate? Has it been completed?

The only thing I can do according to my lawyer is go to court, where a Judge can either order that I A) Can sell the house through a real estte agent or B) The Courthouse will sell the house (and we will get nothing for it.)

If you ask the court to partition the property, the court will sell the property, and the money used to pay off the existing mortgage and any liens on the house. If there is any money left over, the owners (you and your brother, it looks like in this case) will split the remainder.

Maybe what your lawyer meant is that the attorney's fees and court costs will eat up whatever you might have made on the sale of the property?

As of now, my brother is living in the house, and slowly destroying it. He has sold alsmot everything in it, the car has been impounded in another County, and I'm losing my mind. My lawyer says I cannot evict my brother because the property is Homesteaded, which gives him 50% right to live there. He said we cant' have him arrested for theft of the car (the car is new) nor can we have him arrested for the furniture theft.

If probate is closed, and your brother is a 50% owner, then your lawyer is right, you can't evict him, he has every right to be there. But so do you, and if he won't let you into the house, then you can sue him for rent.

How much equity is in the house?

[MrsMoe]

The house is still in probate

The house is worth 375k free and clear

The car is worth 13k free and clear

My father had no debt.

The furnishings (mostly stolen) are worth in excess of 10+ or more (tools, brand new furniture replaced after hurricane.)

We are looking at an estate with a value of 400k here in total.

My brother is flopping in the house. He got the car impounded by the Police in St. Pete because he drove it (was told he was not allowed to drive it) and let it run out of gas! He has sold most all the furnishings now, including riding lawnmower etc. He isn't paying rent on the house, and he is causing damage to the property. He is not the only oen living htere, he has others also. He is a dangerous person, from manslaughter, armed robbery, to heroin possesion. He scares me. My attorney is lazy. I'm FED UP.

I tell my attorney to make calls, he never does. He has yet to follow any instructions I give him, both verbally and in writing. I'm living in Canada now, so I need a good attorney here.

I have found out that unless I do a quit claim deed and force the sale of the house through the court, since the house is homesteaded and it's 50/50, there is nothing I can do. I was hoping possibly since he is causign damage etc that I can get him evicted? Also, what can I do for theft of the car and furnishings? Can he get arrested?

[MrsMoe]

PS - Oh when I said get nothing for the house, it was me being "bitter." If the court sells the house, from what I understand, we won't get anything close to fair market value. This home is on the water, and has sailboat gulf access. I have been verbally told by numerous investors and real estate agents the house is worth 375-380k and has no mortgage. Total estate value is around 400k - minutes any lawyer fees and fees I will get as executor (which I will be taking because he has caused so much turmoil.)