Can I file a restraining order to halt the sale of a shared house?

[fortheluvofpete]

I'm sorry, I'm so busy gloating that I forgot to ask... Do I need a lawyer to file papers to take away PR duties? Or have things "looked" at by the court, therefore appointing someone to oversee in the meantime? Or for instance, even for me to protect my idiot sister, can I call myself and open a policy for that home? I'm a little bit nervous that anything can happen! It's bbq season in a wooded area, close together homes with NO INS! and potentially workers with heavy equipment coming in.

 

[justalayman]

You don't have to have a lawyer but a lawyer is obviously more educated and familiar with the processes involved as well as what constitutes adequate improper actions that would allow a valid action to seek the removal of the exec in place.

can I call myself and open a policy for that home?

Not positive but I would attempt to if you are so inclined. You do have a vested interest in the property so it surely would be appropriate to seek to have at least your interest insured in some manner.

 

[tranquility]

The OP can get insurance if he wants to make an expensive gift to the estate. (Vacant home insurance.)

Removing an executor is a big 'ol darn deal. Get an attorney as it is not a matter of filing a form. The rubbish I've seen in this thread is not going to get howls of outrage from the court. Litigation will be expensive.

 

[fortheluvofpete]

Thank you for all your replies! I've been sitting here over the months thinking my hands were tied and I was helpless. You all gave me the courage and the insight to fight back w/ some knowledge!

Another update... I emailed my sister a heads up that she is solely responsible for the well being of the property and to not be a fool, inviting strangers onto this property with no insurance. She shot me back an email telling me it was insured, so I threw her words back at her (email link to my other sister and I from March) where she let us know that the home policy was expiring beginning of May. I cc'd all emails to both my other sister and my mother, so not to have any miscommunication of she said, she said (and I won't lie, it turned into an email war linked to bystanders... I'm not proud & I even apologized the next day for bringing it too far...) My realtor came back another day later with a counter to my original offer, less 15,000!!! We were hoping, to get at least the stranger offer or even a little bit less since there's mold... but wow!!!!

 

[justalayman]

Um, you included mom in the fray?

I hope this works out for you but learn something from this, especially since your mother is alive:

sister appears to not deal with you fairly or even in the best interests of the estate she is managing. I would suggest that if mom is bothered by this that she make damn sure her wishes are defined as well as possible so this sort of thing does not happen when she passes. There is not much worse than the children of a person fighting over that person's estate, especially if the directives are not well defined.

Personally, I told my father to go and spend every penny he has prior to his passing. I believe that is fair and the best means to prevent future fighting among the children.

 

[fortheluvofpete]

Um, you included mom in the fray?

Oh hell no, my sister has her in the middle of this. Actually more accurately, my mother put herself in the middle (controlling) and my sister keeps her there. For months, I looked away as everyone sided with my sister in charge... My mother is blinded maybe by my sisters college degree as opposed to my trade school licenses x2..?..but I raise children right now and do not work (hence, no respect). But this doesn't work for me, my sister is smart but makes some of the dumbest decisions of even any dropout I know! My younger sister simply does no wrong (I'm the Jan Brady! LOL) and I am the only one here, close by for my mother, consistently through the years. With the only grandchildren that will ever be!
When this all started, I told my mother that I loved her... I've heard things go south quickly... so just in case, I let her know. But never in my wildest dreams did I think this would happen!
Like clockwork, things started slipping..... silent treatment from some, reduced to emails to others. My mom thinks my sister is doing a great job! I at one point suggested to my mother to have things changed in her own will so all 3 siblings have equal power over her estate (yes, I will have to go through this again), but she doesn't take me seriously and I'm sure things went in one ear and out the other. My husbands parents now have a front row seat to this mess & have an appointment with their own lawyer!