Q: My situation is complicated, but here is some information. My mom passed away, my family & i lived in the house with her
For 15 years took care of her till she passed. My sister's wanted to sell the house. We applied for & were approved for a mortgage. They wanted more than we were approved for & didn't accept it. We stayed in the house, looking for a new place is very challenging. They placed an order for eviction and we were removed by sheriff from my own house! On the will I am still 1/4 owner. I stopped there to check on the house & there was water coming out a door! I got in through a window to shut off the water. A pipe broke flooded the house & destroyed EVERYTHING i have. Who is responsible to replace my belongings?
A: If your name is not on the deed, you are not the owner. I do not know who you are referring to when you say "They".. There are also several facts that you have not provided. Who wanted more, who evicted you, and why are your belongings still there? Was the house sold at auction pursuant to a foreclosure action? Has the Will been probated?
Steven Warren Smollens agrees with this answer
A: When someone dies and has a Will, the Executor manages the estate, including the real property, until the Executor distributes the property to the named beneficiaries. The Executor's duties include ensuring that the property is secure. Effectively, the Executor is the landlord of the premises until it is sold or transferred to the designated beneficiaries. When a landlord evicts a tenant who has left personal belongings on the premises after physically vacating it, the landlord must provide notice to retrieve the belongings while keeping them in proper storage during the notice period. During the notice period, the landlord would be responsible for damage to the stored belongings if found negligent. You mention you were or are to inherit 1/4 of the property. This lead me to believe there have been estate proceedings addressing the real property leading to the eviction proceeding.
Steven Warren Smollens agrees with this answer
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