our sister cannot take care of the property nor keep her utilities on. she wants to stay there to care for her grown son and his friends. She signed a paper as did we all that whoever lives in the house must take care of maintenance and utilites, taxes and insurance. we want to petition the court to get her out so that we may sell the house before she completely ruins it or burns it to the ground (and it is now rat infested) and split the proceeds. can someone with knowledge please advise? the will states that the two sisters can stay in the house if they need to, and the house is left to all the siblings. thank you for your time.. the house is in georgia.
2007-02-01 10:32:08 · 5 answers · asked by diana w 1 in Politics & Government ➔ Law & Ethics
It sounds like you & your siblings signed a contract after your parents will was written?? anyway a will can be contested...if after the death of your parents you & your siblings entered an agreeement - the contract you all signed - in addition to the will you still have rights and can evict her and her children. It will be wise for you and the others to seek a lawyers assistance in doing so....and it sounds like it will be a basic eviction - which can take many months to actually get her out of the house. If it is rat infested I would place an annoymous call to the helath department - pretend to be a concerned neighbor and say you are seeing rats in the area and saw some coming out of the home - it might get her removed for health purpose and you can all clean the place, change the locks and sell it!
Good luck
2007-02-01 10:40:05 · answer #1 · answered by Becky 4 · 1⤊ 0⤋
Direct relatives can stay in the ancestral house such as your sisters with a condition that the property must be properly maintained. If they cannot preserve the property and pay the taxes, these are valid ground for their eviction. Thus, file a case of eviction against your sisters in the court which has jurisdiction where the house is located.
2007-02-01 18:38:01 · answer #2 · answered by FRAGINAL, JTM 7 · 1⤊ 0⤋
Best bet is to have her pay you for your value of the house as is right now. It is really hard to kick out someone if the will states they can stay. More than likely tho, you are screwed and unless you really need the money and want to pay the lawyers to fight this, just quitclaim your share to her. Then again, if you do that she could then just sell the place and keep all the cash.
2007-02-01 18:36:37 · answer #3 · answered by ? 4 · 0⤊ 0⤋
Your sister is an adult. She is only part owner of the property. You and your siblings can go to court and have her evicted if she does not buy you out or leave on her own.
2007-02-01 18:35:34 · answer #4 · answered by Ti 7 · 0⤊ 0⤋
Get a probate/estate attorney.
2007-02-01 18:35:22 · answer #5 · answered by D 3 · 0⤊ 1⤋