Atlanta, GA asked in Estate Planning, Real Estate Law and Probate for Florida

Q: My father died without a will in 2016. My mom is executor of the estate and trying to sell 2 properties.

1 residential, 1 commercial. My stepbrother has refused to allow the real estate agent to show the properties and changes the locks without permission. He has a tenant in the house and is collecting rent. We have a PMA on the commercial property so the rental proceeds are being paid to the estate. How do we enforce legal authority and prevent him from continuing to block the showing and sale of the 2 properties?

2 Lawyer Answers
Jennifer Isaksen
Jennifer Isaksen
Answered
  • Estate Planning Lawyer
  • Bushnell, FL
  • Licensed in Florida

A: It appears the administrator needs to take action to remove your stepbrother or get a restraining order. The attorney handling the probate needs to address this issue or get a new attorney.

Andy Wayne Williamson
Andy Wayne Williamson
Answered
  • Estate Planning Lawyer
  • MIramar Beach, FL
  • Licensed in Florida

A: First question, where is the estate pending, Florida or Georgia? Second, if your Mom already has a probate attorney she needs to discuss this with that attorney. If she does not have a probate attorney she needs to hire one asap.

Good luck,

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