ADVICE ON PROTECTING OFFSITE PROPERTY

[dburanich]

Glad its working out for you. Still have they been arrested yet for fraudulent use of credit/bank cards? I would NOT let that go. If the local pd really isnt doing much, make a big stink with the DA.

No they haven't.
The police are prioritizing investigations due to Covid.
I guess this is not a priority.
It's a shame because I'm sure there was plenty of video evidence as far as who made the charges.
Since then and now though, all the credit card companies have recognized the fraud transactions were after her death. All of these claims needed to be cleared before Probate could proceed. They have issued credits and the bank has reimbursed debit card charges to her account. Actually, the estate does not have any losses due to it. I would think it's up to the bank and credit card companies to pursue charges now as they are the ones with financial losses which are well over $20k.

 

[Jonathan F/2]

Glad to hear this worked out. I'm disappointed these people were allowed to get away with this with no criminal charges. If they follow this pattern, someone else might be taken advantage of.

 

[dburanich]

UPDATE!!

Yes this is still going on.
Covid has put a moratorium on evictions so that really tied our hands.
The moratorium is now over.
Our attorney went there this morning with three Sheriff Deputies and a tow truck to retrieve my sister-in-law's car. He gave them a verbal request to vacate. They indicated they need time to get another place. They've already had 6 months they've been living there for free. The attorney is petitioning the Probate Court to evict in two days. A Probate Court eviction is not backlogged like the other evictions are. We are having a 24 hr. security guard to keep an eye on the house until they are gone. I'll be glad when this is finally over.

I asked our attorney how the Sheriff Deputies got involved, if he had that pre-arranged or if the squatter called. He said the car was on the tow truck, he got back in his car getting ready to leave and she came running out yelling "you have to wait here until the police arrive". He had a court order on him for the vehicle, he wasn't worried so he got out of the car and waited. They sent 4 cars and a helicopter. The attorney ask why so many of them came. They said this was the 9th call to that address this year. No doubt the neighbors will be ready to see them go.
I certainly hope no one else ever has to go through anything this. In Florida, you cannot close probate and take possession of the house with squatters residing there. They must be out for probate to proceed.

 

[Tierra]

I just read this and you have incredible patience. I doubt I could have been so patient myself. More along the lines of my showing up there every day snd letting myself in, along with a mean dog with loose bowels. But then that’s just me.

I’ll give someone the shirt off my back (have literally done this), but once they mess with me I just don’t back down.

I wish you the best of luck!

 

[dburanich]

I just read this and you have incredible patience. I doubt I could have been so patient myself. More along the lines of my showing up there every day snd letting myself in, along with a mean dog with loose bowels. But then that’s just me.

I’ll give someone the shirt off my back (have literally done this), but once they mess with me I just don’t back down.

I wish you the best of luck!

Doing something like that in Florida would more than likely result in them be ruled by the judge to be able to stay there for 6 months for free. It has to be one of the worst states for protecting squatters rights. In my home state they would be considered trespassers and escorted off by the police. Our attorney is getting ready to file for a 2 day emergency eviction order. Since most of the state has evictions halted due to Covid it does not apply to a Probate judge issuing an eviction order and much quicker. Hopefully we are seeing a little light at the end of the tunnel.

 

[dburanich]

And It Continues................
A few weeks ago our attorney filed a notice to vacate the property within 48 hours.
At that time the judge decided there needed to be a hearing before issuing the actual vacate order.
That hearing was this morning via Zoom.
The squatters claimed they did not have the funds to be able to move.
Keep in mind they have been in that house for almost 8 months now costing several thousands of dollars in mortgage payments, property taxes and insurance.
The judge declared they have absolutely no right to remain in the house.
She ordered them out within 7 days.
They again said they did not have the funds to move.
The Judge then said if you are not out in 7 days leaving the house in good condition and taking nothing but their belongings the Sheriff would move them out. The Judge said "please do not have me get the sheriff involved".
I finally think we may have made some great advancement to having them out.

 

[Mike Buckley]

Keeping my fingers crossed.

 

[Mitchell]

"They didn't have the funds to move."

That's a fascinating argument. I'm wondering why that would be anyone's problem, and why they feel that should entitle them to remain in the house. I'm glad the Judge seems reasonable.

 

[dburanich]

I think what they were trying to say was " You give us $3000 and we'll be out"
Thank goodness the Judge wasn't buying it.
This coming from individuals who maxed out all of my sister in law's credit cards and racked up well over $25,000 in mortgage payments, insurance and property taxes in the 8 months they have been there.
The Judge also reminded them to not thrash the house and don't even think about taking the appliances.

 

[Mike Buckley]

That's a fascinating argument.

When I was the executor of my aunt's estate, her daughter drove the car owned by the estate. When I explained to her that she was driving the car illegally and why I, as the executor, was legally bound to prevent her from using the car, she explained that her own car had broken down and that she needed a car. The estate's attorney invited her for a face-to-face discussion of the matter and explained that though he would rather not have to send the police after her, he would if she didn't immediately stop driving the car. She stopped driving the car.

 

[MNglass]

I had a neighbor whose husband simply packed his bags and left one morning. She called our other neighbor and asked what she should do and my other neighbor said "Change the locks and security code. This morning. Now."

I truly hope you find some resolution to this. It's been agonizing to read and I can imagine it is even worse to deal with.

 

[dburanich]

Had it not been for it being in a very protective state for squatter's rights and the Covid virus with eviction restrictions I think it would have been resolved a lot sooner. We're not quite there yet but I think we're close.

 

[dburanich]

UPDATE!!
The squatters were ordered to be out by noon today by order of the judge.
Our attorney went there this morning and they have indeed moved out.
Appliances are still in place which was one of our concerns.
Left behind a lot of useless items but they did take a large bookcase that was mounted to one of the walls. It's possible they intend to come back today for the items since they left them outside. I'll be glad if they do. Less for us to take care of.
We are able to look through the windows. It's in better condition than I thought it would be left in.
We are not able to enter until the attorney receives the writ of possession which was mailed by the court on Friday. Then it's time for the locksmith and to secure the house.

 

[Palouse]

PHEW!
Glad to hear that Dave. The wheels of justice indeed turn slowly!

 

[dburanich]

Yes they do turn slowly.
Seems like everything favors those who choose to break the law.

 

[Mitchell]

Wow, you can almost see the light at the end of the tunnel. What a saga.

 

[dburanich]

I know.
In two days it will be 8 months since my sister-in-law died.
BTW, I like the new avatar.

 

[Clix Pix]

Whew, that is a relief, isn't it, to have those people finally OUT of that house!!! Wow..... The good news is that at least from what can be seen through the windows they didn't trash the place or steal a bunch of items from it. Odd that they would take a bookcase that had been fastened to the wall. It's good that they left all the appliances in place, as that would've been something that they could've attempted to remove. Seems that they took the judge's orders seriously. I hope that writ of possession arrives quickly at the lawyer's office so that then you can immediately get a locksmith in there and also the lawyer can walk around in the house, make sure everything truly is OK and that nothing is missing that should have been there, etc. Once the house is officially in your possession you can also proceed with the next steps in this process, including the estate selling the house.

Quite a saga -- thank goodness there has been some resolution!

 

[dburanich]

Yes, it is quite a relief.
I'll feel even better once we have the locksmith there.
There is a double door that leads to the back patio.
It is not visible from the street.
Between it being not a very secure door (numerous glass panes) and not visible from the street we are going to have it boarded up temporarily.

 

[West]

Maybe find an open window and drop a couple pit bulls inside, just in case.