Posted on: 05th Aug, 2009 04:43 am
I have a complicated question. My mother passed in 02 without a will. My father received half of her interest in the home and her other half was split between myself and my two brothers which meant that the three of each owned a 1/12th interest in the home. Myself and my younger brother signed a quit-claim giving our interest to my father so he could attempt to re-finance. My older brother refused to sign his quit-claim. That's been 5 years. Now, my father passed in early July 2009, also without a will. As I tried figure, my younger brother and myself now have 30.5% interest in the
home and my older brother has about 38.9% interest. What my problem is, is this. I live and work in GA, my younger brother still lives in my fathers house in SC, and my older brother lives in FL. I am making attempts to file the paperwork to make myself as "Formal Personal Representative" for my father's estate. My father had no life insurance and was only living on social security. Any and all repairs that have been done to his house I have paid for since neither of my other brothers work. My younger brother signed the paper work to allow me to act as "Personal Representative. I have sent the same paper work to my older brother in FL twice and he still will not return the paper work or my calls even though he assured me that he would sign the paper work. I'm in a position that I have no idea of which way to go now. My father still has outstanding bills and increasing. I don't want to sell his house because my brother would have no place to live and the woman who kept him my father alive for the past 7 years will be out as well. If you have any suggestions of advice I could sure use it.
home and my older brother has about 38.9% interest. What my problem is, is this. I live and work in GA, my younger brother still lives in my fathers house in SC, and my older brother lives in FL. I am making attempts to file the paperwork to make myself as "Formal Personal Representative" for my father's estate. My father had no life insurance and was only living on social security. Any and all repairs that have been done to his house I have paid for since neither of my other brothers work. My younger brother signed the paper work to allow me to act as "Personal Representative. I have sent the same paper work to my older brother in FL twice and he still will not return the paper work or my calls even though he assured me that he would sign the paper work. I'm in a position that I have no idea of which way to go now. My father still has outstanding bills and increasing. I don't want to sell his house because my brother would have no place to live and the woman who kept him my father alive for the past 7 years will be out as well. If you have any suggestions of advice I could sure use it.
hi,
given the situation you've described in your post, it doesn't look like your brother will sign the paper work to make you the formal personal representative for your father's estate. selling the house could have been a good option. but that would make your brother homeless. so, this isn't an option in your situation. by the way, why do you want to be a formal personal representative for your father's estate? do you want to refinance or divide the property among yourselves? have you filed an affidavit of heirship with the probate court after your father's death?
given the situation you've described in your post, it doesn't look like your brother will sign the paper work to make you the formal personal representative for your father's estate. selling the house could have been a good option. but that would make your brother homeless. so, this isn't an option in your situation. by the way, why do you want to be a formal personal representative for your father's estate? do you want to refinance or divide the property among yourselves? have you filed an affidavit of heirship with the probate court after your father's death?
your math isn't very accurate, it seems. if you and two of your brothers acquired one-half interest in the property - spread among you, that would be one-sixth interest for each of you. now that you claim to have quit-claimed back to your Dad the interest that you have, and one of your brothers did the same, you two brothers have no ownership of the home. consequently, your Dad would have owned (at the time of his passing) five-sixths of the home and your recalcitrant brother owns the other sixth.
but, of course, that's not really the biggest issue you face - this brother of yours apparently chooses to be obstinate. it would seem the most likely resolution of this situation will be taking place in court, as it seems prudent to begin some sort of legal action that will force your brother to do something. if you don't have a lawyer, you ought to get one - especially one who has a working knowledge not only of real estate but also of estates.
but, of course, that's not really the biggest issue you face - this brother of yours apparently chooses to be obstinate. it would seem the most likely resolution of this situation will be taking place in court, as it seems prudent to begin some sort of legal action that will force your brother to do something. if you don't have a lawyer, you ought to get one - especially one who has a working knowledge not only of real estate but also of estates.
