ADVICE ON PROTECTING OFFSITE PROPERTY

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Dec 7, 2005
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MN, USA
Do you definitely have that right Nick.
We asked them to leave.
They replied that we would have to legally force them out and "that's not going to happen with Covid-19 going on" We still do not have the legal right to do that until probate gives us the authority to do so. The sheriff said they would help us enforce an expedited eviction even with Covid-19 but we need the judge to give us the authority first.
I have a friend who flips houses. They once made the mistake of taking a contract for deed which the 'buyer' stopped paying after a couple months. It took them close to 8 months to get them evicted.
 
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I'm surprised it has taken so long for your wife to be listed on the probate. Apparently the details of getting the death certificate and perhaps also the court system have understandably been slowed up by everything having to do with the coronavirus.
Combination of Covid-19 and the death certificate.
Doctor put the wrong date and it needed to be corrected.
What a difference a day makes.
 
Joined
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Carl
You have a sad situation. It's hard to do anything long distance. Sympathy for people that do what they have done is misplaced!
All I can say is that you will find the house trashed, and the car gone/ not worth selling, when/if you get the criminals out of the house.
It sounds as if you need an attorney's advice...I know, they cost money, and you may get some small-town good ol' boy who will take your money and do nothing.
As of now, the estate is probably worth little to nothing, except for the land value where the house sits.

If she had insurance and the homeowner's coverage was still in force at the time of her death, you have a claim. It may be one remedy, and possibly her auto insurance. The executor should have all of that information.

The credit cards...good that charges were made after the death of the relative, but emptying a bank account,depending how much money was involved is still a felony or at the minimum, criminal conversion.

The horse is well and truly out of the barn, but taking some sort of action, instead of waiting for burocrats to do something is better than trusting them to do their job.
 
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All her mail is being forwarded to us.
Thats' the only way we have been able to track this.
Got a new one yesterday.
Her Citibank credit card bill.
They charged $5k on it, all after she was dead.
Very sad indeed that people can be like that.
Probably about one more week and probate court will at least let us do an eviction and secure the house. We can list it with a realtor but cannot close until probate is final.
 
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Alaska
One big question, with no water or power, are they still using the toilet? Is it on city sewer? I assume that there are no septic systems in Miami, and if they are getting water, and using it to flush a toilet, then there could be some charge for the sewage going out....
 

LyndeeLoo

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All her mail is being forwarded to us.
Thats' the only way we have been able to track this.
Got a new one yesterday.
Her Citibank credit card bill.
They charged $5k on it, all after she was dead.
Very sad indeed that people can be like that.
Probably about one more week and probate court will at least let us do an eviction and secure the house. We can list it with a realtor but cannot close until probate is final.
Horrible situation. I am hoping against hope that they don't tear up the house after they get the final eviction notice. Some people can be very destructive...
 
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The good side to this, as long as they are there the house is inhabited and fully insured.
Once they leave its at the insurance company's discretion.
But once we evict we will be able to get a rider for a vacant home.
 
The house may be (illegally) inhabited and fully insured right now, but if these people trash it, which sounds as though is more than likely to happen, how helpful will the insurance company actually be? The insurance claims adjuster, after a bit of investigation, may say that hey, it's on record that you already knew that the occupants were not desirable, you had already requested them to leave and they refused, they remained in the premises, and ever since the death of the owner of the house, they have been "squatting" there. In addition, they have also run up credit card charges on the various credit accounts of the deceased, which again you have known about. Furthermore, if there are no utilities (legally) being provided to the house at this time (water, electricity), that in itself can be damaging to the property, and again you already are aware of this, having arranged for the utilities to be shut off. I am not an attorney or an insurance claims rep but it seems to me that when they are reviewing the situation that all of these factors may have an unpleasant blowback on any insurance claim you attempt to file in the future for property damage once you've managed to get rid of those people.....

And, yes, this situation sucks big-time and I hope that things will work out OK for you in the end!
 
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Is there no chance of getting a house clearance company to remove all the furniture etc.
Thats coming up.
We needed to get the probate court to give us legal right to have authority over the house.
The mortgage company will not even talk to us.
Everything was delayed because the death certificate took over a month.
 
Joined
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Thats coming up.
We needed to get the probate court to give us legal right to have authority over the house.
The mortgage company will not even talk to us.
Everything was delayed because the death certificate took over a month.
Did she have a will? When my mother-in-law passed away, nobody would even talk to my sister-in-law who was the executor without the death certificate.
 
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Did she have a will? When my mother-in-law passed away, nobody would even talk to my sister-in-law who was the executor without the death certificate.
Yes.
And the will had some flaws.
The notary stamp was not 100% clear.
These were pointed out by our probate attorney.
Fortunately the lawyer who did the will is still practicing and the witnesses were still at his office.
He's 95 and still going.
We were able to get the original copy of it.
We're going through some difficulties right now.
My wife was named as sole heir.
It is not her intent to keep everything.
She would like to distribute to the siblings based on need.
It's a tough situation.
 
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I wish the best for you and your wife, Dave. Patience, patience, patience is the most important suggestion I can offer, as my brother just completed probate of our parents’ estate slightly over 1 year after our father passed.

I recently told my brother that I now realize I should have gone to law school and become an estate lawyer.
 
Joined
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S. WI
Laws on squatting need to be rewrote in this country. Shouldn't "need" an eviction notice. Should be the cops should be able to just haul them out in cuffs. Squatting should also be a felony charge.
 
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We finally received her checking account statement.
Had to wait for end of month and then time for the statement to get forwarded to us.
That was an extra two weeks.
They cleaned out her account to the tune of about $7k.
$600 ATM withdrawls every day. Apparently that was her daily limit.
Some ATM purchases in between as well.
The other credit cards around $4k.
Filed a police report last week.
Turns out in the state of Florida, fraud like this once a person is deceased is considered a Major Crime and is handled as such.
Their next step is to match up the suspects with their photos taken at the ATM machines.
So far I'm impressed with how aggressively the police are handling it.
The sergeant I spoke to was surprised they were able to take it as far as they did without someone checking their ID's.
I very rarely have my ID checked when using a credit card or ATM card. If I'm inside the bank it's different. They always check. The sergeant mentioned she only uses Amex for all her purchases and ID gets checked every time.
 
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Thanks Nick.
By the time this is all done I don't think we'll be responsible since the charges were made after her death. The one exception might be the $1200 stimulus payment that was deposited to her account 6 days after she died. Since my wife was a signer on the account which the bank now says she is I think that alone will be all we're responsible for.
 
Joined
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Thanks Nick.
By the time this is all done I don't think we'll be responsible since the charges were made after her death. The one exception might be the $1200 stimulus payment that was deposited to her account 6 days after she died. Since my wife was a signer on the account which the bank now says she is I think that alone will be all we're responsible for.
For that you have congress men/women to help!
 
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