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Estate of Broken Will Any ALawyer Help?

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H

Heirs Stand Up

Guest
What is the name of your state? ct

Step mom was willed life use of one side of home only with child 1 given the right to live in the other 1/2 of home for as long as Step mom lives in her 1/2. This was a conditional will stating the Step mom's continuance of occupancy in ½ of the home, she could reside there for life or until such a time as she remarried or cohabitates with another man or person for a period in excess of 30 days; she would be responsible for 1/2 of all of the expenses of the property, including, but not limited to, real estate taxes, insurance, utilities, fuel and repairs with the exception that she would have to pay for any repairs to the interior or appliances in her unit which she would be fully responsible for. If she fails to any of the above conditions; any of the children can give her written notice to terminate occupancy of her 1/2 of house without hiring an attorney to do it.

Over the last 10 years her son (43) now has been illegally living here and a notice of termination to her attorney was sent a few times and she will not leave. Also cannot get rights to inspect that side of house according to her attorney responses. Refuses to give keys, let alone let homeowner in to see what is deteriorating, etc.

Once took her to small claims court e to be reimbursed for paying my boyfriend to mow lawn & judge ruled I wasn't allowed it since boyfriend lived with me (I did not have same conditions as her's in will with cohabitation stipulations) and then said she would not have to pay more than $250.00 for any repairs because Step mom said he lived here and was probably part of agreement for staying here and believe me it was not. I had a service do the lawn before & she paid 1/2 then. Judge in small claims changed the will’s original stipulation.

She now called health dept. because roof was leaking and I had them contact me to fix roof and water damage to her ceiling. The roof on home needed replacement I advised her over years we would have to replace it and now she refuses 1/2 payment per her attorney’s recent letter. Can't afford an attorney, am out of work, and need much appreciated advise (roof 28 yrs old). She refuses to let me in to check on her half of the home for any water damage, etc. and when Health Inspector came she would not let me in to look at damage she claimed happened and Inspector told her to. Inspector said I would have to paint her ceilings and I set date for that, I did show again, and then she put off another inspection saying after the roof is done and still would not let me in and Inspector did nothing! No one has contacted me about painting her ceilings now the roof is done!

Where do I go from here? What court?
 


Dandy Don

Senior Member
You need to find an attorney who specializes in evictions--there are strict legal procedures that must be followed step-by-step and if any mistake occurs, you have to go back to step one and start all over again. Process may take a few months but will eventually get her out.

Are you willing to make any type of compromise so that this lady will not have to lose her place of residence? Is her son working and able to earn enough money to live in his own place? Or would it be possible to get one or both of them to sign an agreement to start paying for half of the roof repairs?
 
H

Heirs Stand Up

Guest
Dear Dandy Don

Hi and thank you for replying.

The only way I can get her to pay for 1/2 of roof as she has an attorney that keeps giving me the fluff about it being capital improvement and her client isn't paying; would be to take her to court and hire an attorney. Small claims court in CT only handles up to $2500.00. What court handles a bigger amount? I hate suing - had to sue her for payment for replacement of old oil tank and won the case there before my lawn case which judge ruled she did not have to pay! (More costs to go on for home - need new gutters too). This woman refuses to talk to me since Dad died. Her son works and I'm sure he still rents her low income apartment in NY (she & him rented together before she married my Dad and probably sub-leases it to a friend for a higher price and lives here rent free with Mother).

She has all bases covered with a PO Box for her mail so if he gets mail it goes to her PO Box in town. He should not be living here period. She denies it to her attorney saying he just visits! How do I prove he lives here? Hire a detective? Feel a little stumped on this one. She would never sign an agreement unless it is cash in her hands to get out. She wanted 1/2 of the house worth 10 years ago after being married only 2 years! My Dad made me promise never to give her any money from the house as he left her with a nice large amount of CD's in the bank!
 

Dandy Don

Senior Member
Any local attorney can tell you what court to pursue your claim in. Or you could also speak to a clerk at the courthouse and they could advise you on a limited basis.
 

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