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.

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]

PS. My brother hasn't returned my phone calls in over a year. God knows I have tried to talk to him.

Even if you know of a place in the area we could move to for awhile it would be a great help.

Thank you

Answer 1

I would contact your local bar association in Port Charlotte and see if anyone would consider taking the case on contingency. Good luck!

Answer 2

Caveat the identify this may freeze each thing and is amazingly less costly ($15) this may enable inspite of your interest in the valuables to stay, it form of feels you're a benefactor of a will so it really is a sturdy caveatable interest. you actually have a implied employ (at worst) and which will freeze both equitable pursuits up. This 5 day decrease no longer will grow to be a difficulty, because the identify is frozen. i must claim that it truly is major that a caveatable interest is "with sparkling fingers". To inn a Caveat will on the least purchase you more effective time. in my view i'd practice for the Caveat to lapse slightly later. even as this happens it would want to bypass back to the courts who will verify no matter if you've a caveatable interest. That looks suited. I strongly recommend a Caveat, that way your interest will stay threat-free, and also you may sluggish them down. i'm curious on yet another factor, did you purchased 5 days be conscious for enviction on a implied employ? truthfully I wish you luck and can want to provide you a caution, in case you bypass right into a caveat with something except "sparkling fingers" (bona fide, common) it would want to back fireplace. Oh and every person with a interest might want to inn a Caveat. i'm no longer constructive what you want to do as for a therapy yet a caveat will look after it.

Answer 3

Sounds like you and your daughter are getting a raw deal. I hope that someone on this site can give you some advice about where to go for help. I know that here we do have a legal aid society. They usually help people who can't afford an attorney. If I were you, I would be digging through the phone book and calling everyone that might possibly be able to help. Good luck and may God bless you both.

Answer 4

Here's a site where you can go for the laws in your... State... sometimes landlords do not share these laws with the tenants and more or less your left in the dark about your rights.
Every state is different in the ways they make them laws up. There's two sates in the USA that has to this day to pass laws to protect the tenants. http://www.uslandlord.com/ just go to Laws & Statutes and then pick the state you live in theres you laws up-dated at the time you go on this site.

This way its good to know you right unless, some people end up with a bad landlord because... there bluff works most of the time because of lack of knowledge of your rights.
After you have looked at your rights and theirs.
Then you know where you can go as far as taking up for yourself.
If your civil rights has been broking you can call your local...Legal Aid and they will give you the number of a Pro-Bone-O Lawyer the help you in any problems you endure.*
http://www.lawyers.com/ is a site where you can talk to a chat with an attorney live also on there site... you can get a lawyer in your home town if you wish to go that way.

Source(s):

Studied tenant laws
http://www.uslandlord.com/
http://www.lawyers.com/

Answer 5

I wish I knew someone that could help, I am so sorry that this is happening to you. I don't understand how family can treat you this way. Do they have legal aid where you are?Landlord and tennant's act? Maybe one of those can help. Do you have 5 days to move or can you counter this with something? I'll pray for you right now as it's the only way I can help. God Bless you and your daughter and I hope things work out for you.

Answer 6

You need to get yourself down to legal services right away.

Trying to find a lawyer who will work on a contingency basis for something like this is a waste of precious time.

Your immediate problem is the eviction, and you have to deal with that right now.

Answer 7

How about you tell that to your brother? Do you have any other relatives?