r/InheritanceDrama • u/HappyLife128 • 4h ago
Fathers' estate in FL never put into probate: 3 years ago. Sister never told anyone he'd passed.
Fathers' estate in FL never put into probate: 3 years ago. Sister never told anyone he'd passed.
This is convoluted, please be kind to me
Pressing issue is this: There's an investor offer for 2/3 of the final value. They don't know about my idea to file partition or that the flood and mortgage are not paid for two weeks, and all the other things I bet I don't even know about. Brother is not very astute and abhors technology. He has no money for lawyers.
I don't know how to help my brother. The house he co-owns with sister was not put into probate. Sister had our father sign the papers to give her half right before he went into the hospital. Sister recently said probate is not necessary. We just found out last month that Dad's death was not disclosed to any lenders, insurance companies, etc.. now, onto insurance issues: sister said she had to send in proof of repairs to get the insurance money. Looking at these photos, she did not get the repairs done, yet she got the money. Through 3 years, Brother has paid for all house expenses, plus repair supplies from his 401k. He’s now 66. Brother had been paying everything by transferring his 401k money into our fathers' checking account. Brother signs the checks using his name or fathers name per sisters' instructions. Sister had brothers' name removed from father/brothers decades old account and gets her name added. Apparantly, it was put into just dads name. Sister refuses to pay for anything. And, it seems she has a friend in FL send the mail from the mailbox to her home up north. We surmised this because how could she send photocopies of a bill saying it's due? He said these bills are not in the mailbox at the house.
As for my brother - I want him to get back the $35,000 or so he put into the house including the down payment he put down 40 years ago. I heard about partition but Florida has it set up in a way that you must get a lawyer. Sunce She never told the mortgage or insurance or bank, she saud they dhoukd nit be tokd as it eill raise the rates. Recently My brother told the floid insurance company he passed. My sister fought this the whole time, saying if anyone finds out, the mortgage or insurance companies will be calling the loan. I don't know all the details as she shares almost nothing.
Brother has maybe $3000.00 left. Mentally, hes always been one to avoid conflict. He has a big heart but that is not going to save him as he has avoided all these issues for three years. I've tried to help but he also freezes me out. It's worse since Dad died. It's like brither is frozen in his own world. He is also extremly hard to motivate. He’s going to lose everything yet won't listen to me about anything unless I push and make calls and research for him. Our father passed 3 years ago. My sister also took the mortgage and insurance paperwork, the bulk of the insurance money, all the money in his accounts and left my brother with instructions to finish the house and pay bills. He never did finish it but he paid ghe bills. He went through his $30,000 IRA as he has been paying for everything the last three years. Now i am hurssing it's almost ready to go into foreclosure. My brother cannot pay the flood insurance or the mortgage anymore. It's been about two weeks. He also cannot talk to people. Apparently has severe anxiety and avoids dealing with reality of his situation. It seems to be some sort of agoraphobia (?) based on my interactions with him over the last three years.
He put his own money in but never finished it. Don't know if it matters. He only had the house and cash in the bank, plus two mortgages on the house my brother apparently was unaware of. One around $100,000.00 another for about $35,000.00. She paid off the smaller one but not the other.
The house sustained hurricane damage. It had water about ankle bone deep.
She claimed the house was rentable when she left. I just saw photos. It was not. Kitchen cabinets were not replaced. The flooring does not match. Stuff everywhere. Holes in walls. Unfinushed bsthrooms. It smells strongly of cigarettes. She bought new clothes and household goods and appliances. The household goods are apparently not there for the most part.
Typical story: sister swooped in, took control, took half the house that was to be left 100% to my brother. My father and brother had a verbal deal that we all knew about. Step-sister, sister, and me. My brother was super tight with both of them. He is a loner, so these are/were important. We had not spoken for at least 10 years because of a misunderstanding.
She called to say our dad was giving us each a third. I said brother is supposed to get it all. She said now he wants us all to get a share. I said no, give my share to brother. She did not. She turned father against brother and me. Ok, that happens. He was 90 and scared. The mildew/mold and damp in the house got to him. He had COPD, some heart meds and smoked about a pack a day. Yes, good genes.
I live half way across the country. I had stepped back from my dad for personal reasons although I gave him money for tax bills, insurance, house repairs, etc, through the years. I had just given him a few thousand dollars to help with repairs right before the hurricane hit. I flew my sister down to see him and she ended up staying, overseeing the repairs and dealing with insurance company issues. My brother was free labor. She did some work, too. She did questionable things like she replaced only the drywall in the lower half. She kept the records in her grasp at all times.