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Old 09-24-2019, 07:51 PM
 
1,254 posts, read 706,940 times
Reputation: 4438

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Quote:
Originally Posted by Roadrun1 View Post
We all tried to talk to her. She does not want to let go of the house because of all the memories.
I am not quite buying that explanation from your sister.

I think her daughter receiving an asset (the house) worth $1.2 million at a 1/2 price discount has a little something to do with her thought process. Unfair to the named deed holders and their children/families.

Also, this is totally against the wishes of your parents, which should be upheld out of respect to them.

You need an excellent lawyer if your sister does not come to her senses. The lawyer can explain everything to her. Also, it sounds like she has not met the fiduciary duties of an executor which is a serious issue. Donít let this continue to slide - 10 years is enough.
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Old 09-24-2019, 08:24 PM
 
Location: Fort Lauderdale, Florida
9,635 posts, read 8,585,642 times
Reputation: 21080
Yes, time to lawyer up. Talking to the sister is an exercise in futility. She's already said no.

The free rent for ten years along would **** me off. In ten years, she hasn't been able to save enough money for a significant down payment to buy you guys out of the home?

Sister is shady and selfish.
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Old 09-24-2019, 09:06 PM
 
52 posts, read 8,128 times
Reputation: 24
This one house is ripping our family apart. It would’ve been better if my father and mother didn’t leave us anything. At least we would still be talking to each other. So much has already been said in the past year, including several low blows & lines crossed. It will never be the same.
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Old 09-24-2019, 09:08 PM
 
52 posts, read 8,128 times
Reputation: 24
Quote:
Originally Posted by shamrock4 View Post
I am not quite buying that explanation from your sister.

I think her daughter receiving an asset (the house) worth $1.2 million at a 1/2 price discount has a little something to do with her thought process. Unfair to the named deed holders and their children/families.

Also, this is totally against the wishes of your parents, which should be upheld out of respect to them.

You need an excellent lawyer if your sister does not come to her senses. The lawyer can explain everything to her. Also, it sounds like she has not met the fiduciary duties of an executor which is a serious issue. Donít let this continue to slide - 10 years is enough.
I really donít want to hire a lawyer but I have no other choice
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Old 09-24-2019, 10:18 PM
 
7,354 posts, read 4,059,226 times
Reputation: 15536
Quote:
Originally Posted by Roadrun1 View Post
There is no will. Only a deed . I made a mistake .
I'm confused. You have referred to the sister as the executor of the estate but now claim there is no will. The normal mechanism for naming an executor is within a will. I suppose there may be cases where an executor is designated outside of a will but they are far from ordinary. If there is truly no will directing the disposal of all other assets are you sure your sister actually is an executor of anything?
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Old 09-24-2019, 10:23 PM
 
6,631 posts, read 3,091,509 times
Reputation: 16979
Quote:
Originally Posted by Roadrun1 View Post
I really donít want to hire a lawyer but I have no other choice
Sure you have choices. You are choosing the lawyer route . I don't support letting dirt and cement supercede family since that will be something in the end ..we get to have at our funeral.

As cloudwalker rationally stated this sibling DID take care of the residence during her time there. It wasn't "rent" free. You weren't her landlord nor are any of the siblings.

The estate would have gone thru probate. I seriously doubt this ten year delay is going to fair well legally for anyone involved.
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Old 09-25-2019, 04:11 AM
 
52 posts, read 8,128 times
Reputation: 24
Quote:
Originally Posted by Cloudwalker View Post
"



"How much caregiving did she do? $360,000 plus worth? And, $600,000 worth"

, for how long did she live with them, and did any of the other 7 siblings have an ongoing or significant role in their parents' care as they aged and died?

Secondly, she didn't live in it rent free after their death - she carried out maintenance and independently procured the money to pay for property taxes, insurance, etc, expenses that the other beneficiaries would otherwise have had to fund. If it really is already vested in all of their names, why weren't they then contributing to those expenses?


I do absolutely agree that the house needs to be appraised, I do think the current offer is probably too low, and I think it muddies the waters somewhat to have the niece being the one to buy, rather than the sister (I'm assuming that might be because the sister may not have sufficient income to qualify for financing in her own right?).

.
The caregiving she provided is much less than 360k When my parents were alive the rest of us also assisted financially during their last years .She has lived with my parents for over 35 years. She got married and moved into my parents house and never left. The house was already paid for in full when my parents died. The annual taxes , insurance , and expenses were very low compared to the rental income she was receiving .
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Old 09-25-2019, 04:15 AM
 
52 posts, read 8,128 times
Reputation: 24
Quote:
Originally Posted by kokonutty View Post
I'm confused. You have referred to the sister as the executor of the estate but now claim there is no will. The normal mechanism for naming an executor is within a will. I suppose there may be cases where an executor is designated outside of a will but they are far from ordinary. If there is truly no will directing the disposal of all other assets are you sure your sister actually is an executor of anything?
Not really sure but i googled and this is what I found.

https://estate.findlaw.com/probate/h...ut-a-will.html
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Old 09-25-2019, 04:18 AM
 
52 posts, read 8,128 times
Reputation: 24
Quote:
Originally Posted by SFBayBoomer View Post
How did you arrive at that $150,000 figure?
1.2 million divided by 8
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Old 09-25-2019, 04:23 AM
 
52 posts, read 8,128 times
Reputation: 24
Quote:
Originally Posted by germaine2626 View Post
Twenty meetings?!?! and the eight of you can't agree? IMHO, you need to get professional help, at the very minimum a professional mediator, but probably an attorney.
We tried many times to agree on a number but she would not agree. It feels awkward to hire a lawyer against your own sister. It just does, especially when we have been so close since we were little toddlers.
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