Sibling Won't Vacate Parental Home for Estate Settlement?

[army judge]

To be semantically correct, co-executors cannot act independently, executors can.

Semantics aside, you've accurately described and depicted the outcome of such a foolish decision.

 

[Tax Counsel]

To be semantically correct, co-executors cannot act independently, executors can.

There is no semantic difference. You are creating one where there is none. Co-executors are both executors. Their authority is defined by the relevant state statutes and the will. They may be able to act independently for some purposes and not for others. That does not change that both are executors of the estate, and thus co-executors.

 

[zddoodah]

Their authority is defined by the relevant state statutes and the will.

And the court's order appointing them.

 

[graphix1]

If my mom would have not added that "act independently" to the POA then we wouldn't have near the trouble we have. Just how do you get a co-executor out of the parental house? She's enjoying rent-free living in a 4 bedroom 2 story house on a beautiful wooded lot rather than a double wide trailer she'd probably be in if she moved.

There has to be some sort of statute of limitations on how long you can go before settling an estate or something. She's been keeping shares of the estate from myself, her son (and his daughter), my son (and his daughter) and my daughter (and her daughter), all very tight on funds. And as long as she can muster utility bills she's living high on the hog while the rest of us grind out a living.

 

[graphix1]

And the court's order appointing them.

So can the courts rescind one of the co-executors if they are not acting responsibly towards the settlement of the estate? And if the courts did rescind her from being an executor could I then evict her from the house? And if so, would that take a court order or just the police 'escorting' her off the property?

 

[welkin]

My sister signed a limited POA for the house so I CAN act independently selling the house.

Then sell it before your sister rescinds the POA.

What does the POA say you can do?

 

[graphix1]

"...including but not necessarily limited to the power and authority to execute a contract for sale and purchase of the property, amend any Contract for Sale and Purchase in order to modify the Closing Date, to compromise any disputes with the Buyer, to execute and deliver a deed, to approve and sign closing statements, closing agreements, tax proration agreements, escrow agreements and any and all other agreements or instruments related to the Contract and closing of the sale of the above described property; to institute legal proceedings if necessary to protect my rights or to compromise matters, and to transact all business on my behalf which he may deem necessary in connection with the sale of the aforementioned property, with full power and authority."

 

[welkin]

Then list the house and sell it and deal with getting your sister out after the sale. Or the new owner will have to deal with the eviction.

 

[Tax Counsel]

Then list the house and sell it and deal with getting your sister out after the sale. Or the new owner will have to deal with the eviction.

The problem is that most buyers won't agree to the purchase unless she's out before the closing date. As a buyer I'd want to be able to move in right after the closing. If I can't do that, I'm passing on that deal and moving on to another property where I won't have the possible hassle and cost of removing someone right away.

 

[adjusterjack]

The problem is that most buyers won't agree to the purchase unless she's out before the closing date.

Agree.

Except, as I mentioned earlier, an investor might take it occupied but at a price substantially lower than market value. It's called a "distressed property" in the real estate trade.

 

[graphix1]

Thanks for the info, if nothing else the 'threat' to do that might be inspiration enough to prompt her to move out. Even if we got very little out of the house she would still be responsible to repay the amount she agreed upon to the estate.

 

[army judge]

Even if we got very little out of the house she would still be responsible to repay the amount she agreed upon to the estate.

I never pursue deadbeats, scammers, beggars, and ne'er do wells.

As the old saying goes: One can't extract blood from a beet.

I suppose all families are populated by a couple of those lil critters.

We have three of those rotten, worthless crabapples hanging among the branches of our family tree. We had four, one died.

I expect nothing from that trio of bandits.

You might consider a similar approach with your crabapple.

 

[adjusterjack]

if nothing else the 'threat' to do that might be inspiration enough to prompt her to move out

To paraphrase Yoda, there is no "threaten" to do, there is only do or not do.

she would still be responsible to repay the amount she agreed upon to the estate.

How would she do that? Does she have the money? Or will you deduct it from her share of the cash assets? If the latter, I hope you have her agreement in writing.

 

[welkin]

The problem is that most buyers won't agree to the purchase unless she's out before the closing date.

Then he gets her out before the closing date. If you read the text of the POA (and I'm sure you have) it says:

to institute legal proceedings if necessary to protect my rights or to compromise matters, and to transact all business on my behalf which he may deem necessary in connection with the sale of the aforementioned property, with full power and authority."

To protect the sister's rights as a beneficiary and get the best return on the sale of the house he can evict her. If there is nothing in the will that says the sister can live in the house as long as she wants then the estate is what matters.

OP lists the house for sale and evicts the sister at the same time. Or he can continue to waffle and spend another year and a half trying to settle the estate.

 

[graphix1]

Definitely not wanting to drag this out another month let along year and a half. So you are saying that the POA grants me the right to evict her or do I need to list the house for sale first?

 

[welkin]

Definitely not wanting to drag this out another month let along year and a half. So you are saying that the POA grants me the right to evict her or do I need to list the house for sale first?

The POA grants you the power to sell the house. Then sell it.

Don't confuse the executor status with the POA. She gave you the authority to sell the house so sell it. And you can maximize the return by evicting her from the house.

 

[Tax Counsel]

If you read the text of the POA (and I'm sure you have) it says:....

Doesn't matter. The POA allows the OP to act on the sister's behalf for the sister's benefit, not The OP's benefit. The principal can at any time withdraw the POA or give instructions to the agent as to what the principal wants the agent to do, and the agent cannot act contrary to the wishes of the principal.

The OP can act to evict her, sure, but that won't be based on the POA. And if the OP wants the best price then, as I said before, be sure that she can be booted out before closing. If the OP can't assure a buyer that she'll be out by then then the price offered, if the buyer is interested at all, will decrease.

 

[graphix1]

The big issue is she has no incentive to move and in doing so, prevents everyone else in the family from claiming their share of the estate. For myself it's not so big, but my two kids and her son are really hurting these days and their shares would help them tremendously. She keeps dangling the carrot saying, she bought a house for cash, oops, fell through, she has a new place all set, oops, the seller wouldn't do what she wanted them to do, for 1-1/2 years she's been playing that game. Meanwhile since she's living rent free, she's buying more crap than you could fit in a semi-sized dumpster and turning the house into a hoarder's paradise.

Is her non-actions grounds enough to evict her or have her removed as co-executor? And even if she was removed as co-executor, does that get her out and get us any closer to settling the estate?

 

[adjusterjack]

You keep asking the same questions that I think have already been answered.

Nothing changes as long as you sit on your thumbs being indecisive.

Pick something and just do it.

Either sue her, evict her, or offer her cash to get out. Resign yourself to spending a lot of money on this one way or the other.

Until you actually DO something, she wins.

 

[graphix1]

She is a co-executor on the estate, my question without an answer (or without my understanding of the answer) is: what grounds do I have to attempt to evict her?