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I am not a lawyer but what I can say is I have a friend and his wife who are going through something similar now where the wife’s mother passed and promises were made but they weren’t legally drawn up. Her sister and her are now dealing with step siblings over her deceased moms house.
If your friend passes away could child 1 force the sale of the house child 2 is living in? Both houses become part of the estate and depending on values child 1 could possibly have to pay child 2 1/2 in order for him to get the house. These types of scenarios are why it is so important to have everything legally drawn up. All I can say is play on your friends emotions and tell her if she passes away without things settled it could tear her children apart and possibly fracture any relationship they have forever.
They don't really have a relationship. Child 1 can't be bothered with his sibling with a disability. As it stands, House A is in both my friend's and her husband's name, and House B is in her husband's name only. My friend claims that this changes only if they take the steps to transfer the deed to another name, although I don't see how a dead person can own a house! She was actually under the impression that House B was still in the dead MIL's name, but it turned out MIL had, at some point, transferred it to just her son (my friend's now-dead husband), so she technically just owns half of -- now all of? -- House A, which she does not occupy. Yet she CLAIMS her husband's Medicaid application was ultimately denied because they "had a little too much money," so I'm still not sure if they're aware of that house.
Also, she claims that the mortgage Child B is now paying is still in the dead MIL's name???
That's an angle I hadn't thought of, though; if my friend died, both children would own both houses, and I suppose Child 1 COULD force the sale of the house Child 2 is now paying for...
Last edited by otterhere; 02-06-2024 at 06:42 AM..
They don't really have a relationship. Child 1 can't be bothered with his sibling with a disability. As it stands, House A is in both my friend's and her husband's name, and House B is in her husband's name only. My friend claims that this changes only if they take the steps to transfer the deed to another name, although I don't see how a dead person can own a house! She was actually under the impression that House B was still in the dead MIL's name, but it turned out MIL had, at some point, transferred it to just her son (my friend's now-dead husband), so she technically just owns half of -- now all of? -- House A, which she does not occupy. Yet she CLAIMS her husband's Medicaid application was ultimately denied because they "had a little too much money," so I'm still not sure if they're aware of that house.
Also, she claims that the mortgage Child B is now paying is still in the dead MIL's name???
That's an angle I hadn't thought of, though; if my friend died, both children would own both houses, and I suppose Child 1 COULD force the sale of the house Child 2 is now paying for...
If your friend passes without a will and there are no heirs the two children could possibly have to fight it out through legal means if they can’t come to a mutual agreement.
If your friend passes without a will and there are no heirs the two children could possibly have to fight it out through legal means if they can’t come to a mutual agreement.
Child 2 wouldn't stand a chance against ruthless Child 1. And no, my friend doesn't have a will.
Location: We_tside PNW (Columbia Gorge) / CO / SA TX / Thailand
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It will take all of 5 minutes to go to the county GIS site, punch in the addy and find out who owns the homes, and how they're registered.
There will be a death certificate and probate resolution (if no will). Depends on the state how it is determined property is split, and may require sale of all. How much money does your friend have? (In case she ends up homeless).
$250-$300 will get a legal evaluation of how to resolve.
Time is of the essence.
It will take all of 5 minutes to go to the county GIS site, punch in the addy and find out who owns the homes, and how they're registered.
How much money does your friend have? (In case she ends up homeless).
I just outlined who owns what... I can "punch in" the PVA right from my own laptop to determine that...
My friend has NO money. No savings. Lives on just SS. Nothing left over after paying the monthly bills (which, again, includes paying for Child 1's cell phone and House A's property taxes; until he sickened and died, her husband was even mowing House A's lawn).
Location: We_tside PNW (Columbia Gorge) / CO / SA TX / Thailand
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Quote:
Originally Posted by otterhere
I just outlined who owns what... ....
Right-oh...
she claims...
she claims...
she claims...
1) have her define her desired outcome.
2) validate (in writing) how that is possible (if possible)
3) offer (3) likely scenarios (in writing) - include her mandatory actionable items (required of her).
4) ask if she would desire any help or accountability to complete this.
5) agree on the timeframe and process.
6) hold her feet to the fire, or never mention it again.
Some people prefer to remain in their sorrowful situation (it's comfortable for them).
You don't have to join in her pity party, as you've provided her rescue options.
Spending a couple hundred bucks for helping a friend is no biggy. (Probably she has FREE legal assistance (if destitute)
Move onward with your life, content in your accomplishment and knowledge.
I saw a reel yesterday where the guy drew two circles on a white board - one was him and the other was someone else. He emphasized that his circle was his business and the other person's circle was their business. I think this illustration applies here.
I just outlined who owns what... I can "punch in" the PVA right from my own laptop to determine that...
My friend has NO money. No savings. Lives on just SS. Nothing left over after paying the monthly bills (which, again, includes paying for Child 1's cell phone and House A's property taxes; until he sickened and died, her husband was even mowing House A's lawn).
It sounds like she owns two houses and pays her bills with SS. Take a poll on CD how many are on a fixed income.
Your friend enjoys playing the victim. I would tell her to either take action and you will be supportive or to continue the way she is going and to never mention it again. Life’s too short to listen to people complain and doing nothing to resolve the problem.
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