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Rights after death

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Yepdan

Junior Member
What is the name of your state (only U.S. law)? Florida. My grandfather passed away last week for the past 6 months he's been telling my girlfriend and I that he wants us to have the house (we've been living with him for past 6 years). Well now he's passed and the executor of his will is not wanting to deal with the house and is selling it. What can we do? We also have 4 kids.
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? Florida. My grandfather passed away last week for the past 6 months he's been telling my girlfriend and I that he wants us to have the house (we've been living with him for past 6 years). Well now he's passed and the executor of his will is not wanting to deal with the house and is selling it. What can we do? We also have 4 kids.
If your grandfather did not put it in his will, the executor does not have to honor it. In addition, if money is need to cover his final expenses and bills and the house needs to be sold to come up with that money, then the house has to be sold.

Are you one of the heirs? Is your share of his estate enough to cover the value of the house?
 

Eekamouse

Senior Member
What is the name of your state (only U.S. law)? Florida. My grandfather passed away last week for the past 6 months he's been telling my girlfriend and I that he wants us to have the house (we've been living with him for past 6 years). Well now he's passed and the executor of his will is not wanting to deal with the house and is selling it. What can we do? We also have 4 kids.
Did he leave the house to you in the will?
 

Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? Florida. My grandfather passed away last week for the past 6 months he's been telling my girlfriend and I that he wants us to have the house (we've been living with him for past 6 years). Well now he's passed and the executor of his will is not wanting to deal with the house and is selling it. What can we do? We also have 4 kids.
Verbal promises mean nothing. Your grandfather's will is what controls the disposition of his assets. If the house doesn't go to you in the will, then you don't get it. Furthermore, the house may need to be sold in order to satisfy debts of the estate.


ETA: Yeah, what they said.
 

Yepdan

Junior Member
He doesn't have any debts. The executor told the lawyer that the will was supposed to be changed (as I stated above) but he didn't want to "lose control of selling everything" so he refused to have the will changed. Since my family is currently living in the house and have been can we do anything at all to stay in the home
 

Zigner

Senior Member, Non-Attorney
He doesn't have any debts. The executor told the lawyer that the will was supposed to be changed (as I stated above) but he didn't want to "lose control of selling everything" so he refused to have the will changed. Since my family is currently living in the house and have been can we do anything at all to stay in the home
Who is to receive the house in the will?
 

LdiJ

Senior Member
He doesn't have any debts. The executor told the lawyer that the will was supposed to be changed (as I stated above) but he didn't want to "lose control of selling everything" so he refused to have the will changed. Since my family is currently living in the house and have been can we do anything at all to stay in the home
You did not answer my questions asked in post number 2.
 

Zigner

Senior Member, Non-Attorney
I'm guessing the executor all it states is the house be kept in the family.
That's a very poorly written will. Are you SURE that's what it says, or are you going by what you've been told that it says?
 

Silverplum

Senior Member
I'm guessing the executor all it states is the house be kept in the family.
Come back when you can accurately answer all of the questions in this thread, please. Nobody can give valid info because you're too vague.

It's tough to lose a relative: please accept my sympathy for your recent loss.
 

Yepdan

Junior Member
No I'm not an heir. And this is what the executor is telling me. The house is the stay in the family. And my family is to be taken care of. (Myself and my kids)
 

justalayman

Senior Member
No I'm not an heir. And this is what the executor is telling me. The house is the stay in the family. And my family is to be taken care.


So go to the probate court and get a copy of the will from the court file. Read it and
Let those here know what it says in regards to the house and you and your children.
 

LdiJ

Senior Member
No I'm not an heir. And this is what the executor is telling me. The house is the stay in the family. And my family is to be taken care of. (Myself and my kids)
You really need to find out exactly what the will says. If the house is to stay in the family the executor cannot sell it to anyone except family. If your family is to be taken care of then you are an heir.
 

FlyingRon

Senior Member
You really need to find out exactly what the will says. If the house is to stay in the family the executor cannot sell it to anyone except family. If your family is to be taken care of then you are an heir.
That is true presuming there really aren't any debts in the estate The will can't override the need for the house to be liquidated to pay those.
 

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