So here's the story . My brother has lived with my mother the last 12 years. He hasn't worked at all or tried to find a job. My mother paid for all the bills except for his personal things. He claims to have been her caretaker, but we had an aid in there the last year when she actually really needed help. She passed away in November. The house and a small amount of cash, roughly $25,000 was in a trust for the four siblings including myself, the sole trustee. The trust says to liquidate the assets and distribute proceeds between the siblings and does not have any provisions for him to stay in the house. It also has a clause that says if anyone contests the trust, they forfeit their share. A month after my mother died the three siblings had an oral agreement with my brother that he would move out within the next 3 months and the trust would advance him $10,000 to make the move as he had no money. We came up with that number figuring that we would need the other $15,000 to pay the bills while still maintaining the house, and use the rest to prepare the house for sale. We also agreed that he would pay half the expenses for the house for the time while he was there and if he went over the three months he would pay a per diem charge of $125/day until he got out. When I sent him the written stipulations , he got cold feet and would not sign. I immediately proceeded with an attorney to have him evicted as I knew it would take at least 3 months anyway. I told him even though we were going this route, the money would still be available to him if he finds somewhere to relocate and that the eviction process was strictly there to put a fire under his ass.
Fast forward to now, 2 months later, he has somehow been able to borrow money for an attorney. At the first court date , they ask for an adjournment and now his attorney is saying he wants another six months and $20,000, not as an advance, but payment from the other siblings. He says that if we don't agree, he will fight it and tie us up in Court for years. His original agreement was to be out by the end of March. We are having a sit-down this week with the attorneys, my brother and myself to try and hammer it out. My two questions are,
1-How long and far can they really push this with the Courts etc .
2-Can I use as leverage, that as trustee, he will be billed out of his inheritance for rent and all expenses on the house while he has been there without my mother, and my attorneys fees. And is there anything else I can use for leverage as Trustee
BTW, house is located in New York, Suffolk county Long island, and worth roughly $300,000 with no mortgage.
Thank you for all your help in advance!
Living in trustee hell
Reply
Report Edit Delete
Fast forward to now, 2 months later, he has somehow been able to borrow money for an attorney. At the first court date , they ask for an adjournment and now his attorney is saying he wants another six months and $20,000, not as an advance, but payment from the other siblings. He says that if we don't agree, he will fight it and tie us up in Court for years. His original agreement was to be out by the end of March. We are having a sit-down this week with the attorneys, my brother and myself to try and hammer it out. My two questions are,
1-How long and far can they really push this with the Courts etc .
2-Can I use as leverage, that as trustee, he will be billed out of his inheritance for rent and all expenses on the house while he has been there without my mother, and my attorneys fees. And is there anything else I can use for leverage as Trustee
BTW, house is located in New York, Suffolk county Long island, and worth roughly $300,000 with no mortgage.
Thank you for all your help in advance!
Living in trustee hell
Reply
Report Edit Delete
