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KY_Administrator

KY Administrator question

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My father passed away without a will, thereby dying intestate, I had been his and my mother's primary caretaker for years before they both succumbed to their terminal illnesses. The family home and it's contents plus about $3,000 in insurance money was the extent of the estate, I have been paying bills owed and there is now roughly $1500 left in the bank account. I found a buyer for the home and have more than fair offer for the home, but I have 5 other surviving adult siblings, and one refuses to sign the contract for the sale of the estate because he had built a storage building on the property and over the years had helped mom and dad out as most of us had without asking anything in return. Although the dissenting brother is wealthy and these things he did were seen as gifts he maintains that the home should be his because of these gifts, and his claim that my mother had promised to give him the home after her and my father's deaths, however she never made this statement to anyone and there exists no will. She had dementia the last 8-years of her life and wouldn't make a will even though some of my siblings and I explained the complications involved arising out of not making a will. She wasn't very understanding of the law or the problems that can and do arise when no will is made. My father was dying of liver cancer and honestly never took care of much legal or financial affairs and had always left it to my mother and then in their final years to me to take care of everything. This has caused much grief and I know I will have to hire an attorney to help resolve this matter and petition the court to order the sale of the house and equal distribution of the monies from the sale being the administrator and being responsible for the security of the property, payment of past debts, etc. My question at this point is: Is there any law that would prevent myself, the administrator and heir to reside in the home until such time as the matter is resolved, especially since some of the more expensive items in the home were illegally removed and sold by my younger brother, and I need to change the locks once again and make sure the home is secured and that no one breaks into the home and steals anything else?

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No, in fact if you are the court appointed administrator it is your duty to secure the property and seek return of anything taken.  And depending upon what authority you were given by the court as administrator, you may have the authority to list the house and accept offers subject to court approval of the sales contract.  If you have not been appointed by the court, you have no authority to do anything.

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On 3/18/2017 at 11:51 AM, KY_Administrator said:

I have 5 other surviving adult siblings, and one refuses to sign the contract for the sale of the estate because he had built a storage building on the property and over the years had helped mom and dad out as most of us had without asking anything in return.

 

Why would you think your brother would need to sign this contract?  For that matter, why would any of you need to sign?  Only the administrator of the estate should need to sign.  Has anyone been appointed as the administrator?  Later in your post, you refer to yourself as the administrator, but other parts of your post seem to suggest that might not be the case.  Have you actually been appointed by the court as the administrator of the estate?

 

 

On 3/18/2017 at 11:51 AM, KY_Administrator said:

My question at this point is: Is there any law that would prevent myself, the administrator and heir to reside in the home until such time as the matter is resolved, especially since some of the more expensive items in the home were illegally removed and sold by my younger brother, and I need to change the locks once again and make sure the home is secured and that no one breaks into the home and steals anything else?

 

As long as you pay fair market value rent, there's no problem with you living there.  If you want to live there rent-free, then you would be receiving an improper benefit.  If you want to argue that your personal presence to "secure" the home and ensure that no one "steals anything else" is a service of a value equal to the fair market rent, you can try that, but I doubt it will withstand scrutiny.

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