Securing Estate Property

[dcl692]

What is the name of your state? South Carolina

I live in North Carolina, but my father resided in South Carolina.

My Dad passed away June 1st. I am Executrix and I have two brothers who are drug addicted alcoholics and have been living off Dad for YEARS, so there's not much of an "Estate" left. Just enough to require me to probate in SC.
Dad's Will states that everything is to be divided it 3 ways. No more than there is, I was hopeful that I would not need an Attorney and the Clerks there at the Probate Office have told me that many people handle Probate without an Attorney.

One brother is still living in Dad's residence, a Camper/Trailer at the Beach. (he had NO Real Estate) The other one hasn't been gone long, (they can't live together because they'd kill each other). I've already filed everything Probate-wise that is required for the time being.

I'd just like to know how to handle evicting my brother so I can clean the place up and sell it. {If you can imagine a place this small with 3 Bachelors, drinking, and smoking cigarettes living there for the majority of 10 years.} It's nasty and there's no way we can get it cleaned up while he's living there.

ALSO....what kind of recourse would I have if I gave him notice (say, 30 days) and he trashed the place?

The other brother has moved a boat from SC to NC, without my authorization. I have told him he should deliver it to me by the end of the week. I have the title, so if he were to try to sell it, he would not be able to legally. What recourse do I have here? Can I report the property stolen? Could I just take my Appointment certificate to the Sheriff in the county where the boat is presently (Forsyth or Yadkin, NC) and would they escort me to retrieve this boat?

Any advice about an Executor/Executrix rights when it comes Evictions related to Estates? And what kind of recourse do we have if someone is damaging or stealing items belonging to the Estate? As Executor/Executrix isn't it our responsiblity to "secure" the property? Should we take our Appointment papers to the nearest Sheriff's Department and file some sort of paper {warrant/motion?}

Is this crazy or what? I hope someone has some advice.

 

[panzertanker]

What is the name of your state? South Carolina

I live in North Carolina, but my father resided in South Carolina.

My Dad passed away June 1st. I am Executrix and I have two brothers who are drug addicted alcoholics and have been living off Dad for YEARS, so there's not much of an "Estate" left. Just enough to require me to probate in SC.
Dad's Will states that everything is to be divided it 3 ways. No more than there is, I was hopeful that I would not need an Attorney and the Clerks there at the Probate Office have told me that many people handle Probate without an Attorney.

One brother is still living in Dad's residence, a Camper/Trailer at the Beach. (he had NO Real Estate) The other one hasn't been gone long, (they can't live together because they'd kill each other). I've already filed everything Probate-wise that is required for the time being.

I'd just like to know how to handle evicting my brother so I can clean the place up and sell it. {If you can imagine a place this small with 3 Bachelors, drinking, and smoking cigarettes living there for the majority of 10 years.} It's nasty and there's no way we can get it cleaned up while he's living there.

ALSO....what kind of recourse would I have if I gave him notice (say, 30 days) and he trashed the place?

The other brother has moved a boat from SC to NC, without my authorization. I have told him he should deliver it to me by the end of the week. I have the title, so if he were to try to sell it, he would not be able to legally. What recourse do I have here? Can I report the property stolen? Could I just take my Appointment certificate to the Sheriff in the county where the boat is presently (Forsyth or Yadkin, NC) and would they escort me to retrieve this boat?

Any advice about an Executor/Executrix rights when it comes Evictions related to Estates? And what kind of recourse do we have if someone is damaging or stealing items belonging to the Estate? As Executor/Executrix isn't it our responsiblity to "secure" the property? Should we take our Appointment papers to the nearest Sheriff's Department and file some sort of paper {warrant/motion?}

Is this crazy or what? I hope someone has some advice.

BUMP.

(I appreciate a poster who understands when they are told something helpful. This is not my area of expertise, but I hope my bump gets someone's attention for you. )

 

[BlondiePB]

What is the name of your state? South Carolina

I live in North Carolina, but my father resided in South Carolina.

My Dad passed away June 1st. I am Executrix and I have two brothers who are drug addicted alcoholics and have been living off Dad for YEARS, so there's not much of an "Estate" left. Just enough to require me to probate in SC.
Dad's Will states that everything is to be divided it 3 ways. No more than there is, I was hopeful that I would not need an Attorney and the Clerks there at the Probate Office have told me that many people handle Probate without an Attorney.

One brother is still living in Dad's residence, a Camper/Trailer at the Beach. (he had NO Real Estate) The other one hasn't been gone long, (they can't live together because they'd kill each other). I've already filed everything Probate-wise that is required for the time being.

I'd just like to know how to handle evicting my brother so I can clean the place up and sell it. {If you can imagine a place this small with 3 Bachelors, drinking, and smoking cigarettes living there for the majority of 10 years.} It's nasty and there's no way we can get it cleaned up while he's living there.

ALSO....what kind of recourse would I have if I gave him notice (say, 30 days) and he trashed the place?

The other brother has moved a boat from SC to NC, without my authorization. I have told him he should deliver it to me by the end of the week. I have the title, so if he were to try to sell it, he would not be able to legally. What recourse do I have here? Can I report the property stolen? Could I just take my Appointment certificate to the Sheriff in the county where the boat is presently (Forsyth or Yadkin, NC) and would they escort me to retrieve this boat?

Any advice about an Executor/Executrix rights when it comes Evictions related to Estates? And what kind of recourse do we have if someone is damaging or stealing items belonging to the Estate? As Executor/Executrix isn't it our responsiblity to "secure" the property? Should we take our Appointment papers to the nearest Sheriff's Department and file some sort of paper {warrant/motion?}

Is this crazy or what? I hope someone has some advice.

From SC Probate Statutes:

SECTION 62-3-709. Duty of personal representative; possession of estate.

Except as otherwise provided by a decedent's will, every personal representative has a right to, and shall take possession or control of, the decedent's property, except that any real property or tangible personal property may be left with or surrendered to the person presumptively entitled thereto unless or until, in the judgment of the personal representative, possession of the property by him will be necessary for purposes of administration. The request by a personal representative for delivery of any property possessed by an heir or devisee is conclusive evidence, in any action against the heir or devisee for possession thereof, that the possession of the property by the personal representative is necessary for purposes of administration. The personal representative shall pay taxes on, and take all steps reasonably necessary for the management, protection, and preservation of, the estate in his possession. He may maintain an action to recover possession of property or to determine the title thereto.

Take the title, your letter(s) of administration, a valid ID, and go get the boat. Should you expect trouble, have the local police with you. I'll look up some other things regarding your drunkard brother later unless someone else researches and posts the info.

 

[panzertanker]

From SC Probate Statutes:

SECTION 62-3-709. Duty of personal representative; possession of estate.

Except as otherwise provided by a decedent's will, every personal representative has a right to, and shall take possession or control of, the decedent's property, except that any real property or tangible personal property may be left with or surrendered to the person presumptively entitled thereto unless or until, in the judgment of the personal representative, possession of the property by him will be necessary for purposes of administration. The request by a personal representative for delivery of any property possessed by an heir or devisee is conclusive evidence, in any action against the heir or devisee for possession thereof, that the possession of the property by the personal representative is necessary for purposes of administration. The personal representative shall pay taxes on, and take all steps reasonably necessary for the management, protection, and preservation of, the estate in his possession. He may maintain an action to recover possession of property or to determine the title thereto.

Take the title, your letter(s) of administration, a valid ID, and go get the boat. Should you expect trouble, have the local police with you. I'll look up some other things regarding your drunkard brother later unless someone else researches and posts the info.

Thanks Blondie. How's it going?

 

[BlondiePB]

Thanks Blondie. How's it going?

You're welcome. I still haven't had time to do more research for the OP due to important research needs of my own that can now be done.

Been spending a lot of time in the ocean lately with a niece who wants to be a marine biologist. She went home Tues after being here for a month. The ocean here is now 83 degrees, and it's warmer in Key Largo where we went last week. I think we grew some gills.

 

[dcl692]

Thanks so much Blondie! I sure wasn't expecting such professional advice so soon.
I have copied off the SC Statutes myself, it's just so much to read.

I figure all I'll end up having to do is threaten my younger brother with the Sheriff's and he'll bring the boat on over. Neither of these boys want the Police hanging around them.
BUT...I did want to make sure that if I had to I could back it up.

Now, if I can figure out getting the older brother out of the Camper/trailer.

I guess I will have to make another trip to SC on a weekday so I can file eviction papers with the Sheriff's department there? I probably have to send him a letter giving him 30 days even before I can do that? Those 30 days of course is what concerns me. He could hock a lot of stuff or trash the place in that amount of time.

I'll probably end up getting restraining orders on both of them before this is all over.
Dad should have done something like that a long time ago. It's really sad, I think he was even afraid of my older brother there at the end, but he wouldn't come right out and tell me and he kept bailing him out of trouble.

Whatever you can find out and, of course, at your convenience. I ain't in no big hurry.
I appreciate whatever assistance you can offer.

Thanks Again.
DCL

 

[BlondiePB]

Thanks so much Blondie! I sure wasn't expecting such professional advice so soon.

You're very welcome. Here's some more.

SECTION 62-3-711. Powers of personal representatives; in general.

(a) Until termination of his appointment or unless otherwise provided in Section 62-3-910, a personal representative has the same power over the title to property of the estate that an absolute owner would have, in trust however, for the benefit of the creditors and others interested in the estate. Except as otherwise provided in subsection (b), this power may be exercised without notice, hearing, or order of court.

(b) Except where the will of the decedent authorizes to the contrary, a personal representative may not sell real property of the estate except as authorized pursuant to the procedure described in Section 62-3-1301 et seq. and shall refrain from selling tangible or intangible personal property of the estate (other than securities regularly traded on national or regional exchanges and produce, grain, fiber, tobacco, or other merchandise of the estate for which market values are readily ascertainable) having an aggregate value of five thousand dollars or more without prior order of the court.

(c) If the will of a decedent devises real property to a personal representative or authorizes a personal representative to sell real property (the title to which was not devised to the personal representative), then subject to Section 62-3-713, the personal representative, acting in trust for the benefit of the creditors and others interested in the estate, may execute a deed in favor of a purchaser for value, who takes title to the real property in accordance with the provisions of Section 62-3-910(b).

 

[BlondiePB]

And more...

SECTION 62-3-715. Transactions authorized for personal representatives; exceptions.

Except as restricted or otherwise provided by the will or by an order in a formal proceeding and subject to the restrictions imposed in Section 62-3-711(b) and to the priorities stated in Section 62-3-902, a personal representative, acting reasonably for the benefit of the interested persons, may properly:

(1) retain assets owned by the decedent pending distribution or liquidation including those in which the representative is personally interested or which are otherwise improper for trust investment;

(2) receive assets from fiduciaries or other sources;

(3) perform, compromise, or refuse performance of the decedent's contracts that continue as obligations of the estate, as he may determine under the circumstances. In performing enforceable contracts by the decedent to convey or lease land, the personal representative, among other possible courses of action, may:

(i) execute and deliver a deed of conveyance for cash payment of all sums remaining due or the purchaser's note for the sum remaining due secured by a mortgage or deed of trust on the land; or

(ii) deliver a deed in escrow with directions that the proceeds, when paid in accordance with the escrow agreement, be paid to the successors of the decedent, as designated in the escrow agreement.

Execution and delivery of a deed pursuant to this subsection affects title to the subject real property to the same extent as execution and delivery of a deed by the personal representative in other cases authorized by this Code.

(4) satisfy written charitable pledges of the decedent irrespective of whether the pledges constituted binding obligations of the decedent or were properly presented as claims, if in the judgment of the personal representative the decedent would have wanted the pledges completed under the circumstances;

(5) if funds are not needed to meet debts and expenses currently payable and are not immediately distributable, deposit or invest liquid assets of the estate, including monies received from the sale of other assets, in federally insured interest-bearing accounts, readily marketable secured loan arrangements or other prudent investments which would be reasonable for use by trustees generally;

(6) subject to the restrictions imposed in Section 62-3-711(b), acquire or dispose of an asset, including land in this or another state, for cash or on credit, at public or private sale; and manage, develop, improve, exchange, partition, change the character of, or abandon an estate asset;

(7) make ordinary or extraordinary repairs or alterations in buildings or other structures, demolish any improvements, raze existing, or erect new party walls or buildings;

(8) satisfy and settle claims and distribute the estate as provided in this Code;

(9) enter for any purpose into a lease as lessor or lessee, with or without option to purchase or renew, but not for a term extending beyond the period of administration and, with respect to a lease with option to purchase, subject to the restrictions imposed in Section 62-3-711(b);

(10) enter into a lease or arrangement for exploration and removal of minerals or other natural resources or enter into a pooling or unitization agreement;

(11) vote stocks or other securities in person or by general or limited proxy;

(12) pay calls, assessments, and other sums chargeable or accruing against or on account of securities, unless barred by the provisions relating to claims;

(13) hold a security in the name of a nominee or in other form without disclosure of the interest of the estate but the personal representative is liable for any act of the nominee in connection with the security so held;

(14) insure the assets of the estate against damage, loss, and liability and himself against liability as to third persons;

(15) effect a fair and reasonable compromise with any debtor or obligor, or extend, renew, or in any manner modify the terms of any obligation owing to the estate. If the personal representative holds a mortgage, pledge, lien, or other security interest upon property of another persons, he may, in lieu of foreclosure, accept a conveyance or transfer of encumbered assets from the owner thereof in satisfaction of the indebtedness secured by lien;

(16) pay taxes, assessments, compensation of the personal representative, and other expenses incident to the administration of the estate;

(17) sell, or exercise stock subscription or conversion rights; consent, directly or through a committee or other agent, to the reorganization, consolidation, merger, dissolution, or liquidation of a corporation or other business enterprise;

(18) allocate items of income or expense to either estate income or principal, as permitted or provided by law;

(19) employ persons, including attorneys, auditors, investment advisors, or agents, even if they are associated with the personal representative, to advise or assist the personal representative in the performance of his administrative duties; act without independent investigation upon their recommendations; and instead of acting personally, employ one or more agents to perform any act of administration, whether or not discretionary;

(20) prosecute or defend claims, or proceedings in any jurisdiction for the protection of the estate and of the personal representative in the performance of his duties;

(21) subject to the restrictions imposed in Section 62-3-711(b), sell, mortgage, or lease any real or personal property of the estate or any interest therein for cash, credit, or for part cash and part credit, and with or without security for unpaid balances;

(22) continue any unincorporated business or venture in which the decedent was engaged at the time of his death (i) in the same business form for a period of not more than four months from the date of appointment of a general personal representative if continuation is a reasonable means of preserving the value of the business including good will; (ii) in the same business form for any additional period of time that may be approved by order of the court in a formal proceeding to which the persons interested in the estate are parties; or (iii) throughout the period of administration if the business is incorporated by the personal representative and if none of the probable distributees of the business who are competent adults object to its incorporation and retention in the estate;

(23) make payment in cash or in kind, or partly in cash and partly in kind, upon any division or distribution of the estate (including the satisfaction of any pecuniary distribution) without regard to the income tax basis of any specific property allocated to any beneficiary and value and appraise any asset and distribute such asset in kind at its appraised value.

(24) with the approval of the probate court or the circuit court, compromise and settle claims and actions for wrongful death, pain and suffering or both, and all claims and actions based on causes of actions surviving, to personal representatives, arising, asserted, or brought under or by virtue of any statute or act of this State, any state of the United States, the United States, or any foreign country.

(25) donate a qualified conservation easement or fee simple gift of land for conservation on any real property of the decedent in order to obtain the benefit of the estate tax exclusion allowed under Internal Revenue Code Section 2031(c) as defined in Section 12-6-40(A), and the state income tax credit allowed under Section 12-6-3515, if the personal representative has the written consent of all of the heirs, beneficiaries, and devisees whose interests are affected by the donation. Upon petition of the personal representative, the probate court may consent on behalf of any unborn, unascertained, or incapacitated heirs, beneficiaries, or devisees whose interests are affected by the donation after determining that the donation of the qualified real property interest shall not adversely affect them or would most likely be agreed to by them if they were before the court and capable of consenting. A guardian ad litem must be appointed to represent the interest of any unborn, unascertained, or incapacitated persons. Similarly, and for the same purposes and under the same conditions, mutatis mutandis, a trustee may make such a donation for the settlor.


Have you read SC's landlord/tenant statutes yet? You may be able to have drunkard brother removed in less than 30 days.

 

[pojo2]

BUMP.

(I appreciate a poster who understands when they are told something helpful. This is not my area of expertise, but I hope my bump gets someone's attention for you. )

You bumped a topic that had been up for a little over an hour?

 

[lwpat]

The real question is what is everything worth. The estate is to be split three ways. You might be better off to get the two brothers to agree to take the camper and boat as their portion and let them fight it out. This may mean giving up some yourself but might be worth it not to have to fool with the situation. This is assuming they do not need to be sold to satisfy debts.