My grandmother deeded me her house before she passed last year. Her son still lives there refusing to move. What steps should I take to have him removed?
08.06.2025 03:16
The Judge finalized it and then TOLD those three, that the check should be mailed out to them within 30 days. ALL THREE OF THEM WERE LIKE “WHAT?” They fussed and fumed. The Judge told them “there were processing that needs to be done, and then account closed, with checks mailed out to them. It was not “instant”.”
The Judge then told us “As cold as they were, in it for the money. I am going to make them WAIT for the money! “ He told the Clerks there (which they totally were happy with his decision), Once it gets to the 28th day, send them a letter of “delay due to processing issues, bring me the paperwork, and I will sign it and mail it out to those three.”
The Guardian broke out a big grin, and I smiled. I then asked the Judge, when do you want me to come forward to close that trust account and get the checks issued? The Judge had the Clerk go over the timeline, he wanted me to come in on xx/xx/xxxx in the morning, to pick up the documents, and get the checks printed out and return to the Clerk to be placed on his desk. Since the checks normally has 60 days or 90 days to cash out.
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The Judge also awarded the Guardian and I a small portion of the funds for our services rendered. We were already paid long before the siblings were.
In one Estate, the youngest brother lived with his oldest brother. His oldest brother took care of him, all because he had Down’s Syndrome. The house was originally the family’s parent’s house, and the parents eventually passed away and awarded the home to the oldest brother. However, in their WILL, they made it clear “if ever xxxxx (oldest brother passes)… the property was to be sold, and money awarded to the siblings evenly” and in the oldest brother’s will his entire estate was “to the care of xxxx (youngest brother who has Down’s Syndrome).”
They grumbled, griped, complained and whined! They were all expecting to have a check in their hand once out of the court room!
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The Judge then asked us (Guardian and myself - Minister & Executor). If we were correct that these three never returned our calls and messages that we had left for them on the passing of their brother?
I myself, felt somewhat “hurt” by their response, the Guardian who sat beside me shed some tears.
It was very rough on everyone, because all he wanted was go get his brother, wake him up from sleep. (That’s how he viewed “death”, people sleeping.) Per the advice of the Physician, instructed to remove all those photos of his late brother, reducing it gradually, and just leave one or two photos out for him to see.
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The youngest brother didn’t fare too well, the Guardian kept in touch with me. He constantly asked for xxxx (his oldest brother). He really didn’t understand “death”. One day the Caretaker thought it would be a good idea to drive him to visit the grave-site. (Big mistake!) He tried to dig his brother out using his bare hands, fighting anyone trying to contain him. He wailed and cried. The Cemetery Director had to call for an Ambulance to have him sedated and transported to the Hospital.
No response. We decided to proceed with the funeral, he was buried next to his brother.
The Judge just walked back in from a hearing when I was talking with a couple of clerks there; and first thing he asked was “Checks in?” The Clerk acknowledged. The Judge then said “Mail it out on xx/xx/xxx.” (20 days later!)
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I then went to the Probate Court and the property was to be sold, and the funds went into the trust fund account. Since I had the sibling’s addresses.
It wasn’t until 4 months passed when finally they all showed up together at the Probate Court. The Judge requested the hearing (additional court fees).
I said, “If I were a gambler, I would bet they would all cash it out on the same day they got it!”
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We both acknowledged it and I added, “None of them were present for the Funeral Services.”
Once we arrived in, the 3 Siblings were really aggravated! (YES, A-G-G-R-A-V-A-T-E-D) The Youngest Sister said “What’s with the court? Why the Judge? Just give me my money and move on!” The other 2 siblings right there, agreed! The Judge just sat there on the bench. It was their coldness, their attitude.
Well, why not charge your Uncle (which is her son) rent? Is he financially able? Is it elderly? Every situation is different. Does he have medical problems? Like Dementia, Disability, etc? You need to look at every angle as possible!
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The final decision: The will will go into effect when their youngest brother is no longer capable and requiring a medical facility to care for him or if he becomes deceased, then the property may be sold and everyone gets their portion. The Judge could see that the other brother and 2 sisters were already well off, so HE said it himself
When the xx/xx/xxxx arrived, I went to the Probate, the Judge saw me there and called for me. I sat in his chambers, and he personally phoned the bank, to see if it were possible to get the counter checks for 120 days, printed out? The Bank informed him “Yes, it is possible.” Then the Judge said “Please do it.”
We HAD to go to the Probate Court! The Judge carefully reviewed everything. YES, the will did indicate when the oldest brother passes, the property was to be sold and money divided among all of the siblings. The JUDGE ruled in their youngest brother’s favor.
2 days after the mail was sent out, all three of them were home and they all signed for it, and they all went to the bank to deposit that large funds - ON THE SAME DAY they got it!
Judge dismissed them, and all three of them stormed out of the room, angry. The Guardian and I had a brief small talk, when the Judge told us “Please step forward.” (To the bench.)
If you asked me “did they even deserve it?” No, not really, but there’s nothing one can do!
In fact, the family (I was the Executor, unrelated to any of this particular family) was grateful for my plan, because the housing market went way up and there was a demand for it. If they had forced their Aunt & Uncle out, they would have had a loss on the property itself!
NOTE: It can go both ways, funds being sent over to the Court and the Court sends the check, OR the Bank can make the counter check, in this case the Judge wanted the Bank’s counter checks instead.
It was really a solemn moment, you could tell the Judge was deeply impacted. The Judge also reviewed both, it did state (they weren’t aware of this part of the will) that whatever was left of the younger brother’s estate were to be divided among them too.
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Then I returned back to the office, they made a copy of each check, then attaching the check to a paperclip with the letter and envelope addressed and stamped. (In this case, 2 Day Mail, Signature required.)
The Caretakers called the family to have them call back. Left about 3–5 messages on their answering machine. No response. The Funeral was to be held upcoming Friday morning. The Caretaker contacted me, and I, too, tried in vain. The Brother and 2 Sisters just could not be reached at all. I was the one that left the final message that their brother passed 3 days ago to PLEASE call xxxxx (Caretaker) or myself.
I often look at “how long was xxx residing there?” to “Why did xxx move in?”. If you followed me, you would have seen what happened to the two siblings that lived in their sister’s house. They were permitted to stay, pay a “small amount of rent” which went to taxes and property insurance. Due to their age, they passed away in less than 2 years.
I asked the Judge and the 3 Clerks there, if they could let me know when they cashed them out? (The Bank will have the verification of the checks were cashed out, which they court will be alerted and the copy of the check (cashed out) would be faxed to their office.) The Judge asked me why?
:(
As for the 3 siblings, they didn’t like what the Judge said, but moved on. The Judge also appointed a court-ordered Guardian to oversee the well-being of their youngest brother.
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:-/
WHY? One thing, their youngest brother had lived in that same house since he was a baby. The oldest brother had spent his entire life, including marriage until his wife passed at a young age (he was a widower at a young age and never remarried, have no children) taking care of their baby brother. The Judge looked at the Estate of xxxx (oldest brother) and he put a lot of effort in seeing that their “baby brother” was well cared for.
Did it work? Yeah, it helped a little bit, but he had to sleep with the 5x7 picture frame, he would cry himself to sleep.
Now you have 1 brother and 2 sisters wanting the house sold (!) and they wanted to dump their baby brother to a “specialized facility for ‘retarded’ people”. (Yes, they were that cold.) However, their oldest brother left everything to his youngest brother (so he would be well cared for the rest of his life, which would include caretakers, etc).
“I am not so cold-hearted that someone who has Down’s, who has lived his entire life in that house to be cast out somewhere where a facility who could clearly clean the financial resources left for him by your brother xxxxx and throw him out due to lack of finances. I have seen this all too often where facilities just milk all the funds out until the well runs dry. When he passes, we shall move forward on selling the property.”
Holidays came and went, Birthdays came and went. Not one word or contact from his brother or sisters! One day the Caretaker called me and wanting to meet me at the hospital at Room xxx. I arrived there quickly, as he was in ICU. The Medical Personnel (2 doctors, a Specialize Nurse) called us to the conference room. The outlook was bleak. They expected him to pass within the next 72 hours. (He passed that night. Pneumonia killed him.)