2 brothers refuse to give share of rent to the third

[missionbeach]

What is the name of your state (only U.S. law)? Georgia

Hi,

My friend's mom passed away 2 years ago in Columbus, Georgia. My friend lives in Hawaii. He has 2 brothers who rented out their mom's home and never gave him his share of the rent. The 2 brothers, however, reside in Alabama. My friend wants to know if he can take them to small claims court in Georgia where the rented house is located(the max back rent that he can sue for is $15000 while in Alabama it's only $3,000).

The house rents for $1000/month and has been rented for 2 years so they owe him about $7,992 minus minor expenses.

Not sure if the law requires him to sue them in their place of residence(Alabama) or can he bring them to small claims in Georgia(where the rented home in question is located).

Thank you for your help!

 

[latigo]

Aren’t you getting a bit ahead of yourself in asking where your friend should file suit for his share of the rent when you haven’t explained the basis upon which your friend is legally entitled to claim any portion of the rent?

All you’ve said so far is that his mother is deceased and two of her sons have received rent from her home. But you’ve neglected to tell us who owns the house!

Is it still in the mother’s estate? And if so, are the two brothers acting in the capacity as representatives of her estate. Or has the home been distributed out of probate and to whom?

If the home was decreed over to the three brothers in equal shares, then each as cotenants would be entitled to an equal share of the net rents and profits from the home. If the two brothers have received more than their proportional share of those profits, they would be obligated to make contribution to the other brother/cotenant.

But if comes to suing them for such contribution the case would have to be filed in the state where they reside, or, since the claim would be transitory, in any state wherein they could be personally served with process. And not in any given state simply because its laws are more favorable

 

[missionbeach]

Is it still in the mother’s estate? And if so, are the two brothers acting in the capacity as representatives of her estate. Or has the home been distributed out of probate and to whom?

The house has been probated according to the mother's wishes stated in the will: "I give all the rest and residue of my estate to my children to share and share alike". There are a total of 3 surviving brothers. The brother living in Hawaii has not seen the deed for the home since the house went through probate (and for some reason, it is not listed on the deed database in Columbus, Georgia where the house is located).

But if comes to suing them for such contribution the case would have to be filed in the state where they reside, or, since the claim would be transitory, in any state wherein they could be personally served with process. And not in any given state simply because its laws are more favorable.

Can you please explain what you mean by the term "transitory claim"? The brothers are collecting rent in Columbus, Georgia (I believe as individuals, not as a corporation or an unincorporated company). If it is a "transitory claim", could he sue his brothers in Georgia instead of where they reside in Alabama?

Also, what do you mean by "in any state wherein they could be personally served with process"? And how would I know in which states I could personally serve them with process?

 

[latigo]

Can you please explain what you mean by the term "transitory claim"?

A transitory action or claim can be defined as one in which the subject matter or thing in controversy is such that it can adjudicated in any place where personal service can be had upon the defendant.

And if the mother’s estate has been closed and the home distributed equally to the three siblings as cotenants and one or two have garnered the third’s share of the rent, then the claim of the third to recover his share is a transitory claim.

But it doesn’t mean transitory in the sense that they could be sued in any state of the plaintiff’s choice, which seems to be troubling you. Again, “in any place where personal service can be had upon the defendant.”

Which should resolve in the negative your question of whether or not the brothers that reside in Alabama can be sued in Georgia.

how would I know in which states I could personally serve them with process?

Obviously, wherever their physical presence could be found. But the process would have to be issued out of that state. Meaning you couldn’t file the action in Georgia, have a summons issued in that state and carry it over the border into Alabama.

Only under certain express conditions (universal Long Arm Statutes) can a state court exercise extraterritorial personal jurisdiction and this isn’t one of them.
_______________________

It seems to be that the absent brother has been a bit lax in keeping up with the family affairs in Georgia; such as the status of his mother’s estate. To say that her estate “has been probated” doesn’t mean a blessed thing so far as current ownership of the home.

I suggest that you or him make arrangements with an attorney in the town where the estate was filed and have him or her look into it and advise.

 

[wrongsometimes]

Recommend you call or visit your local civil clerk's office for the proper venue & service requirements. You may be able to sue them in your state and serve them via certified mail or via a marshall or sheriff (in which case you call them and ask them what you need to do & docs to send them for service).

 

[latigo]

Recommend you call or visit your local civil clerk's office for the proper venue & service requirements. You may be able to sue them in your state and serve them via certified mail or via a marshall or sheriff (in which case you call them and ask them what you need to do & docs to send them for service).

And with all respect due, I "recommend" that you find a Q&A forum where you know something of the theme of the forum. Here it happens to be "Legal Advice" - a topic that is obviously completely foreign to you.

Incidentally, in several of the county clerk’s offices in my state there is a sign prominently displayed reading:

Employees of this office are not
permitted to offer legal advice.

SO DON’T ASK!