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Sister Won't Pay

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H

holdin'onintx

Guest
Texas
What is the name of your state? Texas

My husband's mother passed away in March of 2001. The final distribution of her account was distributed this month to the three beneficiaries involved. His mother's will indicated everything is to be divided into thirds. My husband's nephews (receiving each 1/6) of their deceased mother's (his other sister) share, has agreed to give his surviving sister their 1/3 share in the house and property owned by his deceased mother. He still owns one-third interest in the house which is located in Florida. His sister has been living there rent-free, since March of 2001. She refuses to have an appraisal done on the house, in order to have an amount to determine what my 1/3 share would be. She has asked him to agree on a ridiculous, low amount. Guesstimation of fair-market value of house in location is approximately $120,000. She wanted to get a loan to pay him $25,000. Will indicates 1/3 of all real property. Questions: 1) Where do we start to in order to determine a fair amount? 2) If she won't agree on amount, how can we have it sold to receive his 1/3 share? 3) Can we hold her liable for rent, at the fair leasing value in that neighborhood for the past months? 4) Can we get 1/3 share of interest in ALL the real property, including ALL contents in the home? 5) Can the personal representative just "bow out", without any further obligation, without estate being settled. He has done so because of "hard feelings" being caused with my husband's sister. Sorry so long! Please help!
 


ALawyer

Senior Member
Clearly there is serious acrimony, and the personal rep appears to have had enough of the bickering and wants out. There probably is no law that compels him or her to stay there, BUT if s/he resigns, usually it takes a court order to relieve him/her of financial responsibility for what went on, and failed to, under his or her administration.

The sister in possession of the Florida house is enetiled to 1/3rd of its value. She also could be liable for the "rent" but I suspect she would claim that somebody's presence was essential to keep it from being vandalized and thus she should be paid for taking care of it....

Any real estate firm in the community in Florida can tell you approximately what it is worth, more or less. An official appraisal from an appraisal professional, such as banks use in determining the amount of mortgage that is permissible, would cost several hundred dollars or more. If she buys it, a discount to refect the fact that there will be smaller selling expenses, no real estate brokers commission and no delay would be appropriate. But she has no right to buy it at a major discount from Fair Market Value.

If anyone requests it, the court will appoint a successor if the executor resigns, and the successor wil likely be a political crony of the judge or a party designee, and that just may cost all of you a fair bit of money.

This is one matter where I'd suggest you bring to an attorney in the state and county where the Will is being probated. Fast. And if all the property is not distributed, it is not a FINAL distribution, unless you and sister are each being handled a 1/3rd (and the 2 nephews 1/6ths) interest in the home, and if so you'd have to seek to have it partitioned under Florida law.

ALSO, usually th Florida real estate is handled in an ANCILLARY probate, in Florida. Typically FLORIDA law governs that parcel.
 
H

holdin'onintx

Guest
Thank you for your reply. My husband owns the 1/3 interest in the house and his sister, 2/3's(with the nephews, combined, 1/3). She will not pay for an appraisal to be done. We have the names of at least 3 reputable companies in the area. Approximate cost will be $300 - $500. Should we start there? Have an appraisal done on the property? And then, have a determined amount to ask her for? Putting it in writing, as to have record? If she objects to amount, then what is next step? Hiring some legal defense in Florida to subpoena her, go to court, have her appointed by judge to pay said or 1/3 of appraised amount? Please respond ASAP as we must begin SOMEWHERE in this matter. Thank you -- holdin' on in TX
 

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