loudbinary
New member
Township: City of Virginia Beach
DoD 2012-10-06
Original Value: 1,769,000 (9 properties owned free and clear - 2 properties with a mortgage equal to value that were forfeited to clear debt)
No living spouse - only 4 adults are beneficiaries of deceased estate
Will disappeared, tried to probate copy with written codicil, denied so everything dropped like a rock and followed intestacy laws.
Estate opened after 30 days as small estate < 50k personal assets given all properties were immediately assigned beneficiaries.
Personal inventory collected, secure in storage
Other property like excess cemetery plots collected
360k of debts were all cleared in first two years, either through forfeiture back to bank of two properties, death benefit claims, or paid off with sale of first property.
Shortly before first sale, 1 heir quit deeded all interests in property to all others (he was cut out albeit small amount from will if it was accepted and he saw the writing on the wall and walked away) - Leaving 3 heirs
In 2014 and 2016 Prior to first property sale, title search's done, postings in newspaper for two weeks given respond and no entity came forth.
Leaving only judgements of heirs to 2 of 3 heirs remaining.
With first sale all liens cleared, every property tax brought up to date and estate was debt free, except ongoing monthly expenses for insurance, utilities as needed.
3 more properties were sold up through early 2017 - proceeds distributed equally between 3.
One heir knowing his moms wishes in tone and hopeful outcome - was that each of the 3 should have a roof over their head free and clear with income to keep it.
Leaving one warehouse property to manage, rents were meant to keep taxes and utilities paid for the warehouse and beneficiaries 3 townhouses.
Which when done, met the goal..
In that vane, one beneficiary (administrator) wanted to move out of state and requested his property to be titled in entirety to him in order to sell.
So I quit deeded interests to both my siblings, granting their properties in whole of which each sold them and moved on.
I figured it was in good faith while we sorted out details for a property in another state (ohio) and established mechanisms for management and dispursement of warehouse rents.
Fast forward to today. The ware house remains, and rented. The townhouse which should be mine has sat empty since 2015 and not rented. And property in ohio sits empty as well.
I was recently laid off, figured let me reach out to administrator and ask for a $10,000 distribution to hold me over.
Given I'd seen March 31st inventory, 27k in bank, thought this should be a simple request given how lopsided numbers are with equability of things to date.
And given the fact no income from rents have come in to me, nor my property titled to me thought surely no problem.
For reference distributions to date.
Me - 85k
Other1 - 131k
Other2(admin) 200k
Ok, so like i said in title starting backwards. And will expand as i get answers on questions, but need to deal with most pressing for some guidance.
#1 - Do i have recourse for properties sitting empty for years without tenants
#2 - Review of march 31st accounting, of the $52,000 of rental income - 74% - $36,000 was distributed as such - 16k to administrator, 13k to his son for i don't know what as we didn't have that much labor for anything over last year, and 5.7k to his ex wife to help with paper works. In comparison, 28k was spent on required expenses, and meant he p7ulled money left over from last year to cover the totals.
#3 - Having my property with held for now 9 years, does statutory interest apr apply at 6%??
#4 - Rental income just being held in banking account with no distribution, does interest apply here and is it annually or monthly.
Let's stop there, and pause with some parting words.
Recently out of work, i don't have the money for lawyer - and my primary goal is to drag the administrator back from Indiana to VA before the judge to answer questions about his expenses. Ideally, revoke his bond in place. Request small distribution and then begin finding a lawyer.
Lastly, it took 2 days of calling to get a text message on Tuesday that he'd get back to me on the request for check and as of today - He's immediately sending my calls to voice mails, not answering texts, not answering emails.
What would be your first step, and no this isn't legal advice..
Tia.
DoD 2012-10-06
Original Value: 1,769,000 (9 properties owned free and clear - 2 properties with a mortgage equal to value that were forfeited to clear debt)
No living spouse - only 4 adults are beneficiaries of deceased estate
Will disappeared, tried to probate copy with written codicil, denied so everything dropped like a rock and followed intestacy laws.
Estate opened after 30 days as small estate < 50k personal assets given all properties were immediately assigned beneficiaries.
Personal inventory collected, secure in storage
Other property like excess cemetery plots collected
360k of debts were all cleared in first two years, either through forfeiture back to bank of two properties, death benefit claims, or paid off with sale of first property.
Shortly before first sale, 1 heir quit deeded all interests in property to all others (he was cut out albeit small amount from will if it was accepted and he saw the writing on the wall and walked away) - Leaving 3 heirs
In 2014 and 2016 Prior to first property sale, title search's done, postings in newspaper for two weeks given respond and no entity came forth.
Leaving only judgements of heirs to 2 of 3 heirs remaining.
With first sale all liens cleared, every property tax brought up to date and estate was debt free, except ongoing monthly expenses for insurance, utilities as needed.
3 more properties were sold up through early 2017 - proceeds distributed equally between 3.
One heir knowing his moms wishes in tone and hopeful outcome - was that each of the 3 should have a roof over their head free and clear with income to keep it.
Leaving one warehouse property to manage, rents were meant to keep taxes and utilities paid for the warehouse and beneficiaries 3 townhouses.
Which when done, met the goal..
In that vane, one beneficiary (administrator) wanted to move out of state and requested his property to be titled in entirety to him in order to sell.
So I quit deeded interests to both my siblings, granting their properties in whole of which each sold them and moved on.
I figured it was in good faith while we sorted out details for a property in another state (ohio) and established mechanisms for management and dispursement of warehouse rents.
Fast forward to today. The ware house remains, and rented. The townhouse which should be mine has sat empty since 2015 and not rented. And property in ohio sits empty as well.
I was recently laid off, figured let me reach out to administrator and ask for a $10,000 distribution to hold me over.
Given I'd seen March 31st inventory, 27k in bank, thought this should be a simple request given how lopsided numbers are with equability of things to date.
And given the fact no income from rents have come in to me, nor my property titled to me thought surely no problem.
For reference distributions to date.
Me - 85k
Other1 - 131k
Other2(admin) 200k
Ok, so like i said in title starting backwards. And will expand as i get answers on questions, but need to deal with most pressing for some guidance.
#1 - Do i have recourse for properties sitting empty for years without tenants
#2 - Review of march 31st accounting, of the $52,000 of rental income - 74% - $36,000 was distributed as such - 16k to administrator, 13k to his son for i don't know what as we didn't have that much labor for anything over last year, and 5.7k to his ex wife to help with paper works. In comparison, 28k was spent on required expenses, and meant he p7ulled money left over from last year to cover the totals.
#3 - Having my property with held for now 9 years, does statutory interest apr apply at 6%??
#4 - Rental income just being held in banking account with no distribution, does interest apply here and is it annually or monthly.
Let's stop there, and pause with some parting words.
Recently out of work, i don't have the money for lawyer - and my primary goal is to drag the administrator back from Indiana to VA before the judge to answer questions about his expenses. Ideally, revoke his bond in place. Request small distribution and then begin finding a lawyer.
Lastly, it took 2 days of calling to get a text message on Tuesday that he'd get back to me on the request for check and as of today - He's immediately sending my calls to voice mails, not answering texts, not answering emails.
What would be your first step, and no this isn't legal advice..
Tia.
