Deceased father's home.

My father passed in July of 2003. While the house was left to my daughter in will my brother is the over the estate(probate). He has someone living in the house for little or nothing and he is no where to be found. I live in Alabama and the house is in South Carolina. The house has a free and clear title, is there anything that I can do to sell the house on my own since it is not benefiting us by keeping?

Has the house gone through probate and the title transferred to your daughter? If yes then it is her property to do with as she will.

Also, your daughter may be entitled to the rent.

You may need to consult your own attorney to have the executor replaced

If the property is located in or near Myrtle Beach, I may be interested in purchasing.


DaveT is correct. The personal representative is responsible for seeing that the property is not wasted or lost. YOur daughter as the intended beneficiairy may have a claim against the PR for not ensuring that the rent from the property is collected. I would suggest that she consult with an attorney in the state where the probate is happening. However, the attorney for the PR could not represent your daughter as it would be a conflict of interest.