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Heir Gone Wild!

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FLORIDA

Hoping this will be an easy answer.

My Mother died mid December 2013. The Will leaves the two sons to split 50/50 but assets are not itemized on the Will leaving the two siblings to "duke it out" unfortunately, the Insurance policies that have been executed and the remains are some antique furniture's, some stem ware and china, an old 2001 Buick that has a blown motor, an air conditioning unit and fridge at a condo in foreclosure that the "gone wild" sibling squats in while he plans a trip out of the country.

One sibling has no children, other sibling has children and grandchildren and wants to preserve some heritage however, realizes 50% is the best that can be done unless I want to buy his share. But what share? there has been no monetary value assigned to the goods. Yet.

A portion of the small estate remains in the home my mother and I leased together while another portion remains in his (the siblings) possession and another portion in the possession of an honorable third party.

Recently, I offered my sibling to split the cost of a valuation of the items by a licensed liquidator / dealer / auctioneer for a total value item by item or grouping (china & stem ware) and then we divide based on values and he can remove his portion from her former residence where I and my children live. She technically, is still on the lease with me here.

My sibling refused and said he is selling his share to a hostile 3rd party for a minimal sum ($1,500.00) without having an inch of knowledge as to what the value is of the estate (belongings)

He is threatening police or some kind of civil action by this hostile 3rd party and is now an "Heir gone wild" to get to Colombia at all costs.

Can anyone shed any light on this and what can and should be done to settle this dispute? And, if the sibling signs over a power of attorney to the hostile 3rd party, what can he (hostile 3rd party) do to the estate? can they come to my home and remove anything?

Thank you!
 


Heir Gone Wild

The Will states that we are both Co-personal Representatives of the Estate.... Her remaining items have remained here at the residence she had before passing.
 

LdiJ

Senior Member
The Will states that we are both Co-personal Representatives of the Estate.... Her remaining items have remained here at the residence she had before passing.
That wasn't the question. Who has the court appointed as the personal representative/executor? You are probably going to have to open probate to stop this mess.
 

Stevebol

Junior Member
You're being threatened. Get an attorney. Why should you care if it goes to probate. It took me a long time decide on an attorney, my father passed away last Sept.
 
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Heir Gone Wild

There has been no court action yet and I stress yet. In the Will, the language is "we are co-representatives". There has been no need for probate according to my mothers attorney. This appears to be a simple "divide the belongings based on individual value" issue at the present moment. I would think that most people and I use "most" loosely, would want to know what it's worth before letting it go to some kind of civil action. In my best estimate, I see $4,000.00 at best in total property to be divided however to be equitable at disbursement, a VALUE needs to be placed on each material item you would think?
 

Zigner

Senior Member, Non-Attorney
You will want to review the following statutes that deal with Small Estate Administration in Florida:

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0735/0735ContentsIndex.html&StatuteYear=2013&Title=-%3E2013-%3EChapter%20735
 

Stevebol

Junior Member
There has been no court action yet and I stress yet. In the Will, the language is "we are co-representatives". There has been no need for probate according to my mothers attorney. This appears to be a simple "divide the belongings based on individual value" issue at the present moment. I would think that most people and I use "most" loosely, would want to know what it's worth before letting it go to some kind of civil action. In my best estimate, I see $4,000.00 at best in total property to be divided however to be equitable at disbursement, a VALUE needs to be placed on each material item you would think?
Your mother's attorney may be right- legally, there is no need for probate. Sounds like he doesn't want to take sides between sibliings. At some in the process you need an attorney. I didn't want to deal with my parent's attorney at all and my attorney, who wrote my will, didn't want to take on my situation. I'm dealing with a sibling too. I had to look around for a long time before deciding on an attorney.

I'd guess gone wild is lying and he doesn't have a 3rd party. I'm no attorney but I'd say take gone wild at his word and act accordingly. He may resent the you are trying to use your mother's attorney. Get you own.

Get it over with.
 

curb1

Senior Member
I think it would be a worse situation by getting an attorney involved in this matter. It would be a lose-lose situation. You would be paying an attorney and you would still only get half of the estate. Your best chance is to work this out with sibling.
 
Heir Gone Wild

There is no real property here just some home belongings as I stated. I'm trying my best to stay reasonable and equitable here by just getting a value on the belongings and dividing up accordingly. He can sell his half and I want to keep my half value for my kids and grand kids. Again, my sibling and I were both told the same thing by my mothers attorney who drew up the living will, will, etc; we don't need probate if we can mutually agree on division.

Problem arises is that my sibling wants to sell his interest for $1,500 and wants cash now of which, I do not have. So, he wants to sell his share to his buddy for the $1,500.00 so he can skip off to South America.
 

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