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blewz4u asked in Family & RelationshipsFamily · 1 decade ago

Need Help - Port Charlotte - Probate - Eviction - Heartache - Any Ideas?

Maybe someone can help us. We are going to be evicted from my mom's home, My daughter (12) and I moved here to help her, she died before Christmas. The house is un-repaired since Hurricane Charley. The estate has the insurance money. We’ve been patient, keep it from falling apart, hoping the others would "do the right thing" and give us a chance to keep it. We are 50% benefactors; the estate lawyer sent us a letter telling us they are filing an eviction BEFORE they fix the house. Even worse, last April, I got hurt on the job and blew out discs in my back and have been on workmen's comp since. I’m in pain, going to need 2 surgeries, and this doctor scares me. My savings are almost gone, workmen's comp is only $560 every 2 weeks, I'm worried about what’s going to happen to us, we only have each other. Lawyers want $2,500 - $5,000 retainers. Any ideas, know of a cheap trailer to put our stuff in, know an inexpensive place we can rent, know a lawyer willing to help, please let us know.

Update:

Any ideas are greatly appreciated.

Update 2:

Workmen's Compensation is supposed to take care of my back surgery. It is taking forever and I have heard troubling stories about the doctor assigned to me.

Update 3:

I have just learned that an executor can be sued for dereliction of duties. If letting the house fall apart, not getting repairs done in a timely manner, not ever being present for proceedings, letting the insurance depriciation time elapse, not paying the taxes and insurance is not derelict, what is?

5 Answers

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  • 1 decade ago
    Favorite Answer

    Call your statewide Legal Services hotline and tell them the details. Ask how to apply for a pro bono attorney in your jurisdiction---it may be that all you need is that conversation with Legal Services. You should then receive a letter telling you that your case has been reviewed and (hopefully) approved for free legal services.

    Then you can make an appointment at the Legal Aid office and the paralegal and attorney will take it from there. You will want to check into all of your options. You are in a difficult position in the sense that you are disabled and yet an estate beneficiary (or rather, after probate) However, it is clear that your immediate needs are for housing, food, and assistance--so call the Legal Services.

    Another resource would be a local low-cost health clinic. Often, these clinics have social workers, legal advocates, and benefit advocates on staff. You may also qualify for lower cost health care--and services or programs for parents of minor children.

    I wish you well.

  • 1 decade ago

    1st off did your mother die without a will? if she had a will who is the executor of the estate or who is the trustee overseeing this? Don't you have a probate lawyer ???? Things of this nature can be set in a motion in the courts to award monies from insurances etc....Who was the benificiary of the insurance policies? Come on now...

    Charly was a long time ago....so using that as an excuse for the home being in disrepair....

    Sounds to me you are using your health issues as the focal point of your mothers PROBATE estate problems and are doing nothing but sitting around waiting for the sherrif to come and put your butt out of the home you are residing in.

    You need to seek out legal counsel....do it today ...pick up the telephone...run your finger down the yellow pages and look for a PROBATE attorney. Sometimes the attorney will work on a contingency....and will take his fees from the estate....

    You better not wait or the STATE will come in and take everything!!!

  • 1 decade ago

    You can check out what hospitals in your area have to take you as a patient whether you can afford it or not. You can apply for medicaid, maybe disability...... Check with the housing authority in your area for housing based on income. You may have to get on a waiting list so hurry to do that. Before they take your home, try to sell it (maybe one of those - We Buy Houses people). You will at least have some money to live on.

  • 1 decade ago

    First thing to do is call Legal Aid in whatever state/city you live in. If you qualify, they will provide you with legal advice and a lawyer. Then contact Social Services or whatever the equivalent is in your state. They should be able to help you.

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  • 1 decade ago

    there is a Legal Aid office where you live, look for it, tell them the story, they will do it free or a reduced rate! find an alternate place to live... a friend, family member, even Salvation Army... Anywhere... the lawyer you get will help you... sorry i cannot help more

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