If both parents are deceased, how do I get sibling out of property and attempt to recoup monies expended?

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If both parents are deceased, how do I get sibling out of property and attempt to recoup monies expended?

Both of my parents died without Wills; 3 living children. 1 child has occupied real estate owned by parents for the last 6 years and is refusing and/or neglecting to pay real estate, trash, school and sewer taxes. Has had the property listed for sheriff’s sale on 2 separate occasions. Estate has no funds, only asset is property. There are other outstanding debts of estate. Administratrix (sibling) has been bailing property out and paying current taxes (over $15,000 from savings to date).

Asked on October 26, 2011 under Estate Planning, Pennsylvania

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your loss and for the problems that have ensued.  Why, may I ask, has your sister that has been appointed as the fiduciary of the estate - Administratrix - and as such has I am sure been awarded great power under the statutes in your state to act on behalf of and for the good of the estate, waited this long to take charge?  She needs to evict the sibling and ask for help doing so.  An eviction has to be properly done or else the squatter will be able to have the matter dismissed on a technicality.  And then you would have to start all over again.  And she needs to sue the sibling for the money expended on behalf of the estate or at least show the documentation that she has been using personal funds to bail out the property so that she can be reimbursed from the sale of the asset before the proceeds are disbursed between you all.  She should talk to some one about being a creditor as well as the fiduciary.  That could be a conflict. Good luck. 


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