chrish3985
Junior Member
What is the name of your state (only U.S. law)? Georgia
I am dealing with a probate court situation I need some help or advice on. When my mom’s health began to fail, I saw Medicaid was a real probability. To protect the biggest asset, the family home, it was separated from the estate and put into a L.L.C. An L.L.C was chosen rather than a cooperation due to my sister owing money to many people, including Uncle Sam as she defaulted on a farmer’s home administration loan. This L.L.C is a majority rules situation. So far, I’ve been able to persuade my brother to vote with me, so together we have control. Before my mom died there was a time when both my brother and sister tried to stay in the family home. Mom was in the hospital or nursing home at this time. Sister called the local police and told them that brother has threatened her. Brother says this was a lie, but I was many miles away. Brother was hauled off to jail. Sister had the house to herself. (That was clearly the goal of this act). As a result brother cannot go anywhere around sister now, by threat of jail time. Sister was evicted by a majority vote from the home, and brother was allowed to stay there for one year if he paid all the expenses. Now the year has passed. I need to clear out all of mother’s possession, clean up, and put the home up for sale. What I hear from sister is frightening to me. She is threatening, vindictive, obstinate, illogical, and dishonest. I know she wants some of the household possession, but I am afraid to meet her there for her to get them. She could call the police on me, even if I am doing nothing wrong. Sister has a long history of this type of behavior. Another big concern is that if allowed into the family home, she will simply sit down, and refuse to leave. She tells everyone she is a 1/3 owner, but is refused entry.
I am open for suggestions. The possible risks far, far out way any benefit to me, but as executor I am supposed to divide everything in 1/3 far portions, but I am quite afraid of her. She is crazy! The LLC agreement gives us the ability to vote out a member with a majority vote. This would change the dynamics in such a way I am afraid we would come to loggerheads. I am at my wits end. My attorney is of little help. He says I could evict my sister if she “squats”, but that is a 2 month process in Georgia. I fear she will trash the place if given the opportunity. This situation is complicated by the fact that I live in the next state, while brother and sister are local. Mom's will was created before the L.L.C., so I believe it has precedence. Can you explain how this is different from an estate item with regards to division, and what would be the consequence of not following that division exactly? I am hopeful you guys can give me some good advice on this. Thank you.
I am dealing with a probate court situation I need some help or advice on. When my mom’s health began to fail, I saw Medicaid was a real probability. To protect the biggest asset, the family home, it was separated from the estate and put into a L.L.C. An L.L.C was chosen rather than a cooperation due to my sister owing money to many people, including Uncle Sam as she defaulted on a farmer’s home administration loan. This L.L.C is a majority rules situation. So far, I’ve been able to persuade my brother to vote with me, so together we have control. Before my mom died there was a time when both my brother and sister tried to stay in the family home. Mom was in the hospital or nursing home at this time. Sister called the local police and told them that brother has threatened her. Brother says this was a lie, but I was many miles away. Brother was hauled off to jail. Sister had the house to herself. (That was clearly the goal of this act). As a result brother cannot go anywhere around sister now, by threat of jail time. Sister was evicted by a majority vote from the home, and brother was allowed to stay there for one year if he paid all the expenses. Now the year has passed. I need to clear out all of mother’s possession, clean up, and put the home up for sale. What I hear from sister is frightening to me. She is threatening, vindictive, obstinate, illogical, and dishonest. I know she wants some of the household possession, but I am afraid to meet her there for her to get them. She could call the police on me, even if I am doing nothing wrong. Sister has a long history of this type of behavior. Another big concern is that if allowed into the family home, she will simply sit down, and refuse to leave. She tells everyone she is a 1/3 owner, but is refused entry.
I am open for suggestions. The possible risks far, far out way any benefit to me, but as executor I am supposed to divide everything in 1/3 far portions, but I am quite afraid of her. She is crazy! The LLC agreement gives us the ability to vote out a member with a majority vote. This would change the dynamics in such a way I am afraid we would come to loggerheads. I am at my wits end. My attorney is of little help. He says I could evict my sister if she “squats”, but that is a 2 month process in Georgia. I fear she will trash the place if given the opportunity. This situation is complicated by the fact that I live in the next state, while brother and sister are local. Mom's will was created before the L.L.C., so I believe it has precedence. Can you explain how this is different from an estate item with regards to division, and what would be the consequence of not following that division exactly? I am hopeful you guys can give me some good advice on this. Thank you.
