HELP: Dad & Daughter in PORT CHARLOTTE Being Evicted by brother 5 Days To Respond?

Question

Hi Yahoo Answers Friends,

You don't know us, but I am hoping someone out there can help. We are going to be evicted from my mom's home, My daughter (12) and I moved here to help her, she died just before Christmas, 2004. I recieved a notice from a deputy today, saying I have five days to respond.

My brother in Vermont, is the executor of the estate. He is not running things properly and when a probate court hearing could not determine wether we should pay rent and if so, how much, he proceeded with a civil eviction.

The house is un-repaired since Hurricane Charley. The estate has the insurance money. We’ve been patient, keep it from falling apart, hoping the others would "do the right thing" and give us a chance to keep it. We are 50% benefactors; the estate lawyer sent us a letter telling us they are filing an eviction BEFORE they fix the house.

I have five business days to respond and I cannot afford an expensive attorney, and to make matters worse, last April, I got hurt on the job and blew out discs in my back and have been on workmen's comp since. I’m in pain, going to need 2 surgeries, and this doctor scares me. My savings are almost gone, workmen's comp is only $560 every 2 weeks, I'm worried about what’s going to happen to us, we only have each other. I no longer have the money for a retainer. I need someone willing to work with us to save our home and keep us off the street.

I have just learned that an executor can be sued for dereliction of duties. If letting the house fall apart, not getting repairs done in a timely manner, adding your own personal debts to the list of debts against the estate, not ever being present for proceedings, letting the insurance depriciation time elapse, not paying the taxes and insurance is not derelict, what is? How can he get away with this?

Do you know anyone that may be willing to help us?

Regards,

Scott
[e-mail]

The house was not left to any ONE person. The will actually says that my children get 50% of the estate and my brother's children get the other 50% of the estate.

I might be crazy, but I'm pretty sure that means my 12 year old daughter ownes half the house.

Caveat the title is a brilliant idea, however the first thing his lawyer did was change the the title to show my brother as the executor of the estate for my deceased mother.

I keep thinking back to all the times she said she needed to change the will, but never lived long enough to do it.

Answer 1

http://www.floridalegal.org/probono.htm

http://www.floridaprobono.org/

Good luck!

Answer 2

Caveat the title

This will freeze everything and is very cheap ($15) this will allow whatever your interest in the property to remain, it seems you are a benefactor of a will so that is a strong caveatable interest. You also have a implied lease (at worst) and that will freeze both equitable interests up. This 5 day limit no longer becomes a problem, as the title is frozen. I must say that it is important that a caveatable interest is "with clean hands". To lodge a Caveat will at the very least buy you more time. Personally I would prepare for the Caveat to lapse a bit later. When this occurs it may go back to the courts who will decide whether you have a caveatable interest. That seems correct.

I strongly recommend a Caveat, that way your interest will remain safe, and you can slow them down. I am curious on another point, did you receive five days notice for enviction on a implied lease?

Honestly I wish you luck and would warn you, if you go into a caveat with anything other than "clean hands" (bona fide, honest) it could back fire. Oh and anyone with a interest may lodge a Caveat.

I am not sure what you wish to do as for a remedy but a caveat will protect it.

Answer 3

I know lawyers that salivate over this sort of thing and would be willing to take the case on contingency, in other words, they get paid when you win and not before.
Of course, I live in California and not Florida. I would hope that there is a lawyer referral service where you are that can point you in that direction.

Answer 4

you have five days to respond, but you also have to be served by a deputy of an upcoming hearing in court to determine eviction status, once you go to court, and the judge says he is granting the plaintiff(your brother) the eviction, you still have 30 days from that judgment to vacate the premises. your brother cannot evict you in five days! that would be an illegal eviction. I don't know if you were ever in the service, but if you are a vet you can contact HUD and they have apartments for vets with spouses or children. they arent fancy but it is a roof over your head. you can also contact your local general district court or circuit court and ask them to direct you to landlord, tenant law or speak to a clerk of the court who will better be able to assist you.

Answer 5

actually you can get a lawyer, and pay them ONLY if you win. If you don't win in court then they get nothing.

Secondly, i wish i could so badly help you because I was in the same situation only that my mom was a single mom at the time, (and now me and my sister are adults) but we had lived with my grandparents.

My grandfather threw us out, and we were homeless for two weeks because he couldn't stand the sight of my sister. (she was pregnant, but who cares?)

Anyway, you'll have no problem winning in court, your brother is a jerk, and you need to find a lawyer quickly.

Answer 6

Man, I wish I had some good advice. How awful that your own brother can be so heartless, especially where there's an innocent child concerned.

I know prayers won't help you sleep at night, but I'll be praying for you two anyway.

Answer 7

I would contact a probono office in re of this-since the estate was left to this particular person, he does have right of way to the property, and if he desires you to leave (without having a disability) he can put any limit he wishes on it.

Answer 8

try to get a job, then check back with us in 3 days