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DEALING WITH SIBLINGS AND INHERITANCE

I AM FRUSTRATED - MY FATHER PASSED 6 WEEKS AGO AND NAMED MY SISTER AS THE EXECUTOR ALL THREE OF US ARE HEIRS TO HIS APARTMENT BUILDING. MY BROTHER HAD THE NERVE TO RENT OUT THE 2ND FLOOR APARTMENT WITHOUT TALKING TO ME OR MY SISTER ABOUT IT WHAT SHOULD WE DO - WE ARE STILL GRIEVING AND HE GOES AND PULLS THIS. WE HAVEN'T BEEN THROUGH PROBATE COURT YET AND HE REFUSES TO COOPERATE WHAT ARE OUR OPTIONS HE'S NOT THE EXECUTOR MY SISTER IS HOW COULD HE DO THIS??

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Anonymous

Asked by Anonymous at 2:00 PM on Apr. 21, 2009 in Relationships

Answers (10)
  • Deaths can be sooo messy. I'm no lawyer, but I'm not sure how he can legally rent a place that was left to 3 of you. Either he has to cough up some cash to give you guys or his tenants should be out of there. I'm assuming the law will fall on your side and not his....so after probate court, things may get a little easier. Good Luck.

    momjoy1027

    Answer by momjoy1027 at 2:11 PM on Apr. 21, 2009

  • it's considered yelling to type in all caps.
    Anonymous

    Answer by Anonymous at 2:13 PM on Apr. 21, 2009

  • Talk to your attorney.
    jeanclaudia

    Answer by jeanclaudia at 2:13 PM on Apr. 21, 2009

  • Record everything, and when you have your day in probate court present all the evidence, and let the judge decide.

    When siblings are involved, it's likely BEST to add up the value of the estate, sell EVERYTHING (if an amicable agreement cannot be reached) and then divvy up the cash value of the sales equally.
    LoriKeet

    Answer by LoriKeet at 2:17 PM on Apr. 21, 2009

  • If my borther pulled some shit like that I'd be "yelling" too!
    Kawanis

    Answer by Kawanis at 2:20 PM on Apr. 21, 2009

  • oh my bad I didn't know all caps meant yelling hell I might as well yelled the whole thing. I'm in the process of looking for an attorney. The tenant said she's suppose to move in may 1st. My brother has given her a 1 year lease without our consent and my aunt says we should let the woman know that she can't move in until legal process is done. My sister doesn't want to get into it with my brother-she says she'll just fight him in court. Should we tell the lady she can't move in because of how it was handled or should we let our brother hang himself and continue to collect rent until we get to court?
    Anonymous

    Answer by Anonymous at 3:09 PM on Apr. 21, 2009

  • Anon sometimes people can't see good, thats why some folks type in caps.

    Keep record of everything. I am not sure of the legalities but I don't think he can rent the apartment without the go ahead from the two of you.
    I would sell everything and split it. Thats what we did when my mother passed away. It worked for us. Good luck
    pnwmom

    Answer by pnwmom at 3:09 PM on Apr. 21, 2009

  • I really don't want to sell the property. My father had it for over 40 years and I wanted to keep it a few years more to honor him. He would have wanted us to work it out and do things the right way. I hate we're going through this, as I am still angry and sad over my father's passing. Hopefully, my brother will come to his senses and talk to us. The sad part is when my father was alive, my brother lived upstairs and wasn't paying my father a dime for rent or gas, and yet he has the nerve to play good samaritan and rent the place to some woman my sister and I know nothing about - ain't that trip
    Anonymous

    Answer by Anonymous at 3:18 PM on Apr. 21, 2009

  • Do you have anything against the woman moving in? If not, just let her move in but she cannot give your brother the money. It has to go to the estate.
    admckenzie

    Answer by admckenzie at 3:36 PM on Apr. 21, 2009

  • Sorry about the loss of your father and I hope that you all come to an agreement. It's a bad thing when a loved one dies now you have to go through underhanded bull**** like this caused by a sibling. I agree with your aunt...Tell the lady that she Definitely cannot move in unless your brother gets the okay from you all. If she gave him any money that is something she has to take up with your brother in small claims court. I would not let her move in. If you do and then decide to evict her, you could risk your property being damaged. Which would cause more grief stacked on grief. That was just a bad move on your brother's part. Forgive him though...I believe you guys can work it out.
    Eyes-4-Art

    Answer by Eyes-4-Art at 4:25 PM on Apr. 21, 2009

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