Intestate estate

[army judge]

Honestly, I never expected anything from my mother in death, just like it was in life lol. I'm not actually bitter, I'm just annoyed. This could have been done with easily, and if my sister didn't want to do the work, I can do it. But I can't even present that option, because she won't answer the phone, or answer a text. The other sibling is my brother, and this is causing him some angst, as he just wants this chapter closed, so he can move on with his life.

There is an easy, cost free solution (in terms of dollars) to this issue.

In fact, you've identified it, as noted below.

Honestly, I never expected anything from my mother in death, just like it was in life lol. I'm not actually bitter, I'm just annoyed.

You can simply IGNORE it.

There is no law that requires you to do anything in this particular situation.

You can CHOOSE to do something, if you wish.

However, if you dislike the drama and trouble, SIT BACK, RELAX, close your eyes, soundproof your ears, control yourself, and simply enjoy your life!!!

Honestly, I never expected anything from my mother in death, just like it was in life lol. I'm not actually bitter, I'm just annoyed.

You said it well.

I agree with you.

Three of my siblings committed similar acts of piracy, when my beloved mother died.

I don't obsess over the evil others commit.

I simply ceased all communication with the trio of thieves.

Principle trumps heredity in my view.

My only regret will haunt me until I die is a question that'll never be answered.

What would mother and father say?

 

[Aadaenyaa]

There is an easy, cost free solution (in terms of dollars) to this issue.

In fact, you've identified it, as noted below.



You can simply IGNORE it.

There is no law that requires you to do anything in this particular situation.

You can CHOOSE to do something, if you wish.

However, if you dislike the drama and trouble, SIT BACK, RELAX, close your eyes, soundproof your ears, control yourself, and simply enjoy your life!!!





You said it well.

I agree with you.

Three of my siblings committed similar acts of piracy, when my beloved mother died.

I don't obsess over the evil others commit.

I simply ceased all communication with the trio of thieves.

Principle trumps heredity in my view.

My only regret will haunt me until I die is a question that'll never be answered.

What would mother and father say?

Thank you.
My mother would probably blurt some kind of drunken expletive, something to the effect of
"**** em all."
My sister, is apparently my mother reincarnated.
My brother at this point has said that maybe we should just sit back and wait, because it can't go through probate without us. At some point, she'll have to contact us if she's going to do anything with that house. But I know he is highly perturbed, and I was trying to find some way to resolve it for him. He's just recently had cancer, and I know he doesn't need the stress, and I know, even when he says, let it go, it's festering there in the back of his head...

 

[Aadaenyaa]

All of you are your mother's biological children. Any one of you three can apply to be administrator of your mother's estate, and the court should appoint the one that does, so long as they have the support of the majority of heirs. If not, then the court will decide. As I pointed out, I don't see any requirement that one must have have paid the funeral bill in order to be appointed administrator of an intestate estate. Keep contacting attorneys.

Thank you. I suppose I can fill out the petition and send it and the death certificate to the county clerk. The worst thing that can happen is they reject it, right?

 

[Zigner]

My brother at this point has said that maybe we should just sit back and wait, because it can't go through probate without us. At some point, she'll have to contact us if she's going to do anything with that house.

Your brother is wrong. Your sister could certainly be appointed representative of the estate without your specific approval, and could do what needs to be done with the house without your specific approval. Of course, there are legal requirements that you be made aware of what is going on, but if she is the court-appointed representative, then she doesn't need your specific approval.

 

[zddoodah]

So what do we do?

I'm not sure who "we" are, but you're free to retain the services of a probate attorney to probate your mother's estate.

So, the problem here is that the I cannot file it with the county. According to their website, I have to submit a death certificate (which yes, that I can get) the petition for administration, and the paid funeral bill. The sibling paid the funeral bill, and I can't get it.

You don't need a funeral bill to start the probate process.

Honestly, I never expected anything from my mother in death, just like it was in life lol. I'm not actually bitter, I'm just annoyed.

You are, of course, free to do absolutely nothing. If you don't care about your mother's estate, there's no obligation that you do anything.

 

[Zigner]

Thank you. I suppose I can fill out the petition and send it and the death certificate to the county clerk. The worst thing that can happen is they reject it, right?

That's not how it works and you don't want to just start randomly sending documents. Do this right.

 

[army judge]

At some point, she'll have to contact us if she's going to do anything with that house.

That is one option, however, bandits/pirates/crooks/thieves don't often follow the rules and laws that civilized, moral people do.

Again, I know this from personal experience.
The Sibling Pirates I posted about, were able to ELIMINATE any and all legal barriers by FORGING and LYING.

Along with their GREEDY natures, the THREE pirates were able to LOSE mother's will, clean out her safe deposit box, vacuum up everything from her banking assets, along with her jewelry, and dad's gold coin collection.

As mother's attorney of record, those THREE BANDIDOS even sold her home and dad's land holdings, he left to mother upon her demise.

I was able to protect his ranch, which I've now legally deeded to my ill, but only remaining sibling. When she takes her last breath, it'll go to my two nieces.

I wish you well.

You've already learned this, keep your attitude in check.

 

[Aadaenyaa]

Mother was widowed 23 years ago. Her spouse at the time was a second marriage for both, he had no will. We believe his estate was split between her and his children from a prior marriage, and she seems to have gotten the house, but we are not privy to the details.
Sibling stayed with her from April to October, when she passed. The other 2 siblings, who were no contact with her, had no knowledge of this, until she died. Sibling told us there was no will. The funeral home has told us that they sent the death certificate to Social Security, but that's it. Nothing seems to have been done to start probate. Sibling that stayed with her was put on bank account before her passing, and has just disappeared. No response to phone calls or texts.
House is paid in full, but as we understand it, even if there is a paid up homeowner insurance policy, with the home owner deceased, it would not cover anything.
So what do we do? Nothing?

**UPDATE** We have hired an attorney and they are putting together the package to get this into probate. Apparently, I get to be the administrator. And she has been seen in NJ, so the house is indeed sitting unattended in FL.

 

[army judge]

**UPDATE** We have hired an attorney and they are putting together the package to get this into probate. Apparently, I get to be the administrator. And she has been seen in NJ, so the house is indeed sitting unattended in FL.

Bully for you and your family.

 

[flyingron]

The funeral bill is not required for probate. It's for the case of distributing assets without probate. And it's not just the funeral expense but any of the estate debts. This is an express thing to give out a few remaining estate items when everything else has taken care of.

Stop getting wrapped around the axle about that. Assuming the property has value of more than $75,000, you're probably not eligible for that anyhow.

 

[Aadaenyaa]

The funeral bill is not required for probate. It's for the case of distributing assets without probate. And it's not just the funeral expense but any of the estate debts. This is an express thing to give out a few remaining estate items when everything else has taken care of.

Stop getting wrapped around the axle about that. Assuming the property has value of more than $75,000, you're probably not eligible for that anyhow.

Yeah, I'm still trying to figure out why that attorney told me I needed it. Honestly, I think he just heard about the ghosted sister, and didn't want to deal with that, so that was a way of deflecting me. The attorney I'm with now didn't even mention the paid funeral bill, and yes, the estate is worth more then 75k.

 

[Aadaenyaa]

Ahh, those were the days, no?
The house is worth about 300k. So, we can't use the small estate part of Florida Law, that limits it to 75k.
I have given them all the information, and paid the retainer. Now they're getting all the paperwork together, and will be sending it to the county clerk to start the probate process.
I am sure I will be the "bad guy" with my extended family, it's going to be portrayed as I "sued my sister" even though that's not what it is. I am just trying to make sure that assets are protected, and evenly and fairly distributed.
My brother actually saw her drive past him in NJ, so she's there, and the house is sitting empty and unattended in Florida. That is what made my decision.

 

[Aadaenyaa]

Currently involved in a partition action with sibling. Sibling has been served, and there has been an official default entered by the clerk. However, the house is currently uninsured, because the insurance companies require all owners to sign for the policy. Sibling is non responsive to everything. My attorney asked for a emergency order, so that I could get insurance on the house. The Judge denied it. I'm just curious as to what the reasoning could be for this. Insurance is a good thing all around, no?
State is Florida.

 

[adjusterjack]

Sibling has been served, and there has been an official default entered by the clerk.

That doesn't make sense.

What was the date that the sibling was served?

What was the date that the default was entered?

Clerks don't enter defaults, judges do, and the do it upon motion by the petitioner.

On what grounds did the default occur and what did it say?

My attorney asked for a emergency order,

What date?

The Judge denied it.

What date?

You're going to have to give us a timeline if we are to make any sense of all this.

Was there ever a probate opened on the house?

If so, who was appointed representative of the estate by the court?

 

[Aadaenyaa]

That doesn't make sense.

What was the date that the sibling was served?

What was the date that the default was entered?

Clerks don't enter defaults, judges do, and the do it upon motion by the petitioner.

On what grounds did the default occur and what did it say?



What date?



What date?

You're going to have to give us a timeline if we are to make any sense of all this.

Was there ever a probate opened on the house?

If so, who was appointed representative of the estate by the court?

Hey! So, probate is over, which is why I started a new thread in a different section. Probate is over, I was the administrator. There were no debts, so the I was not allowed to sell the house without all the heirs agreeing. She has not responded to anything. The house has been moved to all three of our names.
So, then we filed a partition action back in June. They issued a summons for her when we filed. She was served on 8/14, and had 20 days to respond. She did not. On August 28, the County clerk entered a default against her, upon receipt of a motion from our attorney.
I have always been concerned that I can't insure the home, so the attorney requested an authorization, to allow me to insure it without all 3 homeowners signing on the policy. The judge denied it. I'm just trying to figure out why the judge would deny such a request. Doesn't it behoove everyone for the property to be insured?
I have included a screen shot, with names redacted for clarity.

 

[Zigner]

Hey! So, probate is over, which is why I started a new thread in a different section. Probate is over, I was the administrator. There were no debts, so the I was not allowed to sell the house without all the heirs agreeing. She has not responded to anything. The house has been moved to all three of our names.
So, then we filed a partition action back in June. They issued a summons for her when we filed. She was served on 8/14, and had 20 days to respond. She did not. On August 28, the County clerk entered a default against her, upon receipt of a motion from our attorney.
I have always been concerned that I can't insure the home, so the attorney requested an authorization, to allow me to insure it without all 3 homeowners signing on the policy. The judge denied it. I'm just trying to figure out why the judge would deny such a request. Doesn't it behoove everyone for the property to be insured?
I have included a screen shot, with names redacted for clarity.View attachment 5020

The judge denied the ex parte motion. You will need to serve all parties and have a hearing. Your attorney should know this...

 

[Aadaenyaa]

The judge denied the ex parte motion. You will need to serve all parties and have a hearing. Your attorney should know this...

that is specifically for the insurance request. If you will notice, that motion specifically says, " Emergency motion to authorize insurance filed by plaintiffs." The response is "Order filed (ex parte) to authorize insurance denied"
The party has already been served, she never responded and the hearing to appoint a special magistrate to oversee the sale is scheduled for December 5. What we requested was an authorization via the court to get insurance without her signature. I'm just wondering why a request for insurance authorization would be denied. It seems like it's in everyone's best interest, no?
And I'm also a bit bewildered. It's not like this has never happened to anyone before. Do these houses that are in a partition action just sit uninsured? I'm concerned not only for the property, but what happens if someone gets hurt on the property? Every insurance company I have contacted has told me that all property owners have to sign off on the policy, and that's just not going to happen. My sister ignores everything. The sheriff had to pretty much camp her residence to even serve her the summons.

 

[adjusterjack]

Hey! So, probate is over, which is why I started a new thread in a different section.

It's still closely related to the originally topic and having the history in one place makes it a lot easier on us to review and advise.

Every insurance company I have contacted has told me that all property owners have to sign off on the policy,

Name them and I may be able to suggest alternatives.

My sister ignores everything.

Would your sister ignore money? A partition action is going to be costly. The home is likely to be auctioned off to an investor for a good deal less than it might bring on the open market.

Have you and your other sibling considered buying out your sister's share and then selling the property?

 

[Zigner]

that is specifically for the insurance request. If you will notice, that motion specifically says, " Emergency motion to authorize insurance filed by plaintiffs." The response is "Order filed (ex parte) to authorize insurance denied"
The party has already been served, she never responded and the hearing to appoint a special magistrate to oversee the sale is scheduled for December 5. What we requested was an authorization via the court to get insurance without her signature. I'm just wondering why a request for insurance authorization would be denied. It seems like it's in everyone's best interest, no?
And I'm also a bit bewildered. It's not like this has never happened to anyone before. Do these houses that are in a partition action just sit uninsured? I'm concerned not only for the property, but what happens if someone gets hurt on the property? Every insurance company I have contacted has told me that all property owners have to sign off on the policy, and that's just not going to happen. My sister ignores everything. The sheriff had to pretty much camp her residence to even serve her the summons.

WHY did the court deny the request? I'm sorry, but the Magic 8-Ball is out for repair. You'll have to find out from the court.

 

[Aadaenyaa]

It's still closely related to the originally topic and having the history in one place makes it a lot easier on us to review and advise.



Name them and I may be able to suggest alternatives.



Would your sister ignore money? A partition action is going to be costly. The home is likely to be auctioned off to an investor for a good deal less than it might bring on the open market.

Have you and your other sibling considered buying out your sister's share and then selling the property?

Yes, she would ignore money. She's ignored everything. We have already filed the partition action, after trying numerous means to contact her. She's completely ghosted everyone, won't reply to text messages, won't answer her phone. We've mailed notices to her, return receipt requested, she's refused them.
We think that when our mother died, that she thought she was just going to get everything. I think she intended to leave everything in our deceased mother's name, and just pay it , posing as our mother. Obviously, that's not how it works. Since she has realized that, she has just pretty much walked away from everything. To be honest, once the house is sold, and the checks are distributed, I foresee her check never getting cashed. (I hope that won't be our problem!)
As far as insurance, I contacted multiple brokers in the area when I was the administrator, and each and everyone of them told me I needed all 3 co owners to sign off on the policy, once probate was closed. All of them told me they wouldn't cover the house during probate at all. Given that it's Florida, there is already a dearth of home insurance providers already.