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Jane64

Estate taken over by PR, and not distributed ~Help!

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In 2008 my father died and left the house to my sister and I. She is the PR.  it was determined that the house value was too low to sell at that time.  So we both put in $10,000 for upgrades and repairs so that the house use could be rented, and thus my sister and i would share the rental income from the house. After such repairs and upgrades were completed, my sister moved into the house, without telling me. Effectively removing me from all potential rental income. At the time she told me that what she did was legal and she did not have to ask my permission take full possession  of the house because she owned half. She has never paid me anything for the nine years she has lived in the house. Now she wants to "settle the house". The estate has not been probated at this time.
My question is this: Since she broke a verbal agreement to rent the house, would the courts award me the money I have lost in the nine years she has been living in the house for free?
Or am I out of that money forever?

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The estate has not been probated at this time.

 

Why not? How is she the personal representative if the estate has not been probated?  being named in the will does not make one personal representative, only a court order can do that.

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She is the executor of the will, I don't know how she is the PR.. thats what she told me. 


The house is still in my father name at this time.

 

Please excuse my ignorance with legal terminology, i am new to all of this.

 

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The will may have named her executor, but unless the will has been probated and she was appointed by the court as executor or administrator, she has not authority to do anything.  Go to the court house where your father lived when he died and see if probate was ever opened.  If not, you could petition to open probate and be appointed administrator.  If the court agrees, you are then in charge.

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It looks as if the executor did not follow through in getting title to the property transferred into whoever got it in probate.

 

You will not be able to collect any monies from a verbal agreement.  Consult with an attorney and find out how to get title changed and then decide if you wish to force a sale of the home or not.

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On 11/26/2016 at 11:28 AM, Jane64 said:

In 2008 my father died and left the house to my sister and I. She is the PR.

 

As noted by "doucar," she isn't the personal representative or executor of the estate simply because she was nominated in your father's will to serve in that capacity.  She has to be appointed by the court.

 

 

On 11/26/2016 at 11:28 AM, Jane64 said:

it was determined that the house value was too low to sell at that time.

 

Determined by whom?  What time are you talking about?

 

 

On 11/26/2016 at 11:28 AM, Jane64 said:

At the time she told me that what she did was legal and she did not have to ask my permission take full possession  of the house because she owned half.

 

Since title is still in your father's name, her statement that "she owned half" is obviously false.  Notwithstanding, did you simply believe what she told you about the legality of what she did?

 

 

On 11/26/2016 at 11:28 AM, Jane64 said:

my sister moved into the house, without telling me. Effectively removing me from all potential rental income.

 

Did you just let this happen because "she told [you] that what she did was legal"?  You were, of course, free at any time to take appropriate legal action but apparently chose not to do so.

 

 

On 11/26/2016 at 11:28 AM, Jane64 said:

Since she broke a verbal agreement to rent the house, would the courts award me the money I have lost in the nine years she has been living in the house for free?
Or am I out of that money forever?

 

I'm not sure where "nine years" comes from if your father only died eight years ago, but no.  You need to talk with a probate attorney and seek to probate your father's estate ASAP.  You should discuss with the attorney seeking to be named as PR instead of your sister, regardless of what the will says.  You should also discuss whether any of the fair rental value can be recouped for the estate.

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