Thanks for all the VERY helpful input. I think (unfortunately) the POA was written so she could spend estate money as long as she kept accounting. I can blur the personal stuff and upload it if anyone thinks that would help. Along with those other things she is doing, what about her using my...
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?
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...
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?
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.
"...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...
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'...
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...
Don't see how you could have co-executors that can act independently. With the POA there was a requirement to provide accounting for all expenses and since my sister was where my dad is and I'm in a state 700 miles away, she was taking care of the bills.... until she realized it wasn't just him...
We are co-executors and CANNOT act independently. My sister signed a limited POA for the house so I CAN act independently selling the house. We "WERE" co-POA's over my father and it was written so we COULD act independently which is when my sister stole his money. Never said we were...
Thank you all for your input and although my sister would stoop to very, very, low morals to keep her free ride going, even if everyone here said 'go for it' I probably still would not have done it. If anything I would have done the first step to get her out, sold the house and distributed the...
Thanks Red Kayak (and I have a red kayak, too, and wish I was out paddling rather than dealing with this stuff). Not sure what "petition to partition" means, can you elaborate?
Also, my sister has used and abused everyone in the family, especially our parents and she had tormented her son so...
Not knowing real estate law we didn't know if there was a way we could sell the house with her still residing in it. Was thinking of just giving someone a bargain deal, signing over the deed and then they can just send the police in to remove her as she had no right to be residing (squatting)...
My mother passed away several years ago and my father passed away 1-1/2 years ago. Years before my mother passed after another failed marriage my adult sister moved in with them. My mother had POA ready for my dad (with dementia) so my sister and myself were co-POA but could act independently...