Sister problems - both trustees in inherited property (real estate, rent)

[trusteeproblems]

My mother created a trust and named my sister No. 1 trustee and me No. 2. She died in 2010. She had a house that at that time was on the down side of the market, as property values had declined due to recession.

My sister, at the time of Mother's death, just up and announced she was moving into the property as "she had nowhere else to go." (She had recently lost her husband and gone through a sizeble inheritance in about three seconds flat.) I wasn't consulted; she just did it (moved in).

She also moved in her 13 cats and three dogs, which is illegal in this senior community, but she is doing it on the down-low.

At the time of our mother's death the value of the house was not much, around $130,000. Now it has risen considerably, I don't know, maybe $230,000.

Here is the problem. My sister says she is going to put the house on the market or, if the bank allows her, buy it herself. She claims that the "house is trashed" (due to the animals), and I fear she would not be able to sell it as is, yet she has no money to put into it, so would give the buyer a $10,000 credit to do repairs. My thought is no one is going to even want to put money into what amounts to a barn! She claims I would be responsible for half of the repair allowance, that it would be taken off whatever proceeds I would get in the end.

I was not the one who "trashed" it, and don't feel that is right. All this may be a moot point since I doubt anyone would want to look twice at a house that smells like a barn and has been destroyed by all these animals.

Do I have ANY recourse?

Thank anyone who steps forward and gives any insight/thoughts on this matter.

P.S. She claims simply recarpeting will get rid of the odor caused by all these animals living there for the last five years. I disagree. Sometimes the odor never goes away.

[Nell Plotts]

Go to an attorney who can advise you of your rights under the trust and who knows real estate law.

[pdxMIKEpdx]

2020 hindsight, but you should have nipped that problem in the bud before it even started.

Since you and your sisters are co-owners, I don't believe she can do anything without your approval.
If she does, it's on her dime.

Ask her to buy out your half at market value and be done with it.

Tell her that you don't want to sell the house, and if it needs repairs for damage she caused, that she should pay for it, or take out a loan if she cries she can't afford it, or pay for the buyers allowance herself...

Nell's advice should be followed at any rate.

[trusteeproblems]

Responding to Nell Plotts: I know that is the obvious answer, but the reason I was trying out this forum is because I have NO money and could not afford whatever outrageous amount an attorney would charge me. I think that is why most people go to forums for an initial response.

[jjpop]

Try out the Oregon State Bar's Modest Means Program: https://www.osbar.org/public/ris/#mm

You will be able to have a 30-minute consultation with a lawyer for $35, and they agree to a cut rate if you want to be represented.

[trusteeproblems]

Originally Posted by jjpop

Try out the Oregon State Bar's Modest Means Program: [url]https://www.osbar.org/public/ris/#mm[/url]

You will be able to have a 30-minute consultation with a lawyer for $35, and they agree to a cut rate if you want to be represented.

Thank you!

[Minervah]

Here is another place that may be able to help you.

https://www.portlandoregon.gov/gatew...article/304528

This isn't going to replace your going to an attorney and I am glad you can go to the low cost one but here is some advice in the meantime. You have no obligation to fix the house upon her demand. You could report your sister for violating the terms of the agreement in which the house was purchased by reporting her about the animals. If pets are not allowed, she can be thrown out of the senior community. You can also sue her for damages to the house since you are part owner. You won't get very far but you could frighten her a bit.

I am only mentioning this because I think she really is out of line to demand you pay for her wrong doings and then she has the gall to tell you she is going to put the house on the market without your permission. She is in no position to make demands on you.

Were I you, I would get the house cleaned up, sell it and be rid any legal dealings you have with her. But first see the attorney to make certain everything is on the up and up because, I am sorry to say, she does not seem to be behaving in an honest manner with you.

[oregonwoodsmoke]

The only one who knows the answer would be a lawyer who specializes in both trusts and real estate law. He'd have to read the trust documents before he could answer your question.

I second the suggestion to get the legal issue straightened out and to get the house sold, to separate yourself legally from your sister.

I hope she has been paying you half the rent money for living in your half of the house.