A Rock And A Hard Place

[nessagail2003]

What is the name of your state? louisiana in october, 2002 my mom passed away. she had no will and was the owner of two homes one in which she lived until she died. the home has a mortgage of $886.00. i have three siblings. my younger sister against my better judgement moved into the home. she has not been gainfully employed for over a year now and cannot keep up the mortgage on the home. she thinks that she has her fathers' half of the home but she signed an act of donation to my mom in 1997 and mom did a succession putting the home in her name. we have gone to an attorney and started succession also. i guess my question is what if anything can be done to remove my sister from the home, place it on the market to sell and satisfy the mortgage. she has not paid a mortgage note since march of 2003. the mortgage to this date has been paid by one of my other sisters to keep it from foreclosure. i have been named administrator of the estate.

 

[lwpat]

Since you have an attorney then you need to ask him your question. If you are the administrator you have the right to sell the house and pay off the debt.

 

[Dandy Don]

She may be occupying the home illegally, but you are going to need to consult with an eviction attorney to follow the proper legal steps (giving proper notice, etc.) to inform her that she needs to leave so that the sale can take place. Would it be possible to show her a little bit of mercy by giving her a few months grace period to live in the home until she is employed again?

 

[nessagail2003]

I have been talking to her since August. I have informed her that she needs to find somewhere else to live. She refuses to discuss anything with me. She is not totally without funds to survive. She has her priorities in the wrong place. She thinks that she still has her deceased father's half of the home. Like I mentioned in my statement earlier, she signed an act of donation giving her share to my mom. Thank you so much for your reply, I will certainly contact an attorney to legally have her evicted so that the home could be sold before foreclosure.

 

[Dandy Don]

Make sure that in your eviction letter (or in a separate letter) that you officially inform sister, just for the record so that she can't say later that she didn't know, that you have the legal authority as administrator to put the house up for sale and also mention the fact that she has no inheritance/succession rights to the home since she signed the act of donation, if you are absolutely sure that this prevents her from having any further interest in the home as an heir (have you checked with a probate attorney or real estate attorney to make sure you are absolutely correct about this?).

 

[nessagail2003]

Yes I am absolutely sure about the act of donation. I have a copy of it that I got from the clerk of courts office in my home town. It was signed by her July/1997. I don't want to come across as if I don't have a heart, but I am ready to put this issue of my mothers' estate behind me. I would have loved for my sister to live in the home where we grew up, but she have in the past and continues to act irresponsible. She is no baby, she is 42 years old with two children. She just recently as one week ago been arrested for shoplifting. If you can think of anything else that may help me in this matter, let me know. Thanks