Factory wants to take our property (2013, condo, property tax, offer)
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
If your sister hasn't filed for probate, then she is not legally the executrix or anything else for the estate.
The will has to be filed and reviewed, then the probate court has to agree with will and appoint her to her position. Right now she has no legal authority to touch any monies in the estate or deal with any interest in the estate, if she is doing so.
And why is she waiting years to get this done? You might really want to consider hiring an attorney to get the ball rolling here. Try to take control of this as I have a feeling your husband is going to lose whatever share he might think he has in the estate and you'll find yourselves out on the street.
Your SIL is depending on your hubby to be an easy going, trusting guy and who knows what schemes are going on in her head because of it.
What a mess OP. I'm glad you kept records of all monies spent. Sounds like you paid more than rent would have cost, and I hope you see some of that back. I'm starting to believe sil has done nothing to get the ball rolling! If you two were in charge, you'd have a reason to wait since you're living in the home, but sil has nothing to gain. Thats why I'm convinced of evil doings. I'm happy to hear hubby is seeing a attorney, good luck.
It is a no win situation sometimes with these things.........my grandmother passed away in 1959. My mom was one of six children. Everyone agreed to let my uncle live in the house as he was down on his luck and the house was not worth much..years later in better shape he let his children rent the house. House was never worth much. My mom would always comment every other year that someday there would be hell to pay when someone wanted to sell it. The uncle passes away in 1995 and leaves the house and his other house and possessions to his five children......his children save selling my grandmothers house for last as they fought bitterly over his house and possessions. They go to closing on my grandmothers house and the title is not clear....and to top it off my dead uncle had done quit claim deeds for each of his brothers and sisters as they died and notarized them himself......guess what, my mom was the only living sibling at the time. This was 2003. I hired an attorney with a $1500 dollar retainer to cover her best interests. I get my moms remaining brother and sisters children (except for my uncles children) to agree to a 30% share of the sale of the house for us to divide. 2011 my mom has since passed, attorney is retired, the house is sold....original asking price was 750k.....sold for 140k. New attorney who took over for the retired one charges us $4600 to attend closing and disperse the money to us. My mom always said it was the principle and if she made two cents it would be fine. Our proceeds went to our girls college fund.
The moral of the story......sometimes family values are overwhelmed by greed.
It is ironic the mentioning of New London......I worked at the Navy Research Lab that was closed by a BRAC and then the city took the property......that little neighborhood across the street from the lab was not the best but is was a nice little working class neighborhood. They disrupted all those people and the planed development never materialized.
124, thank you for sharing your dads story. Its sad he missed his home, what a cruel thing to happen to a aged person. They never like change.
Op, unless the home is listed and not selling, sil is not doing her job correctly. I was the trustee of my parents estate and it took years, but that was all because of the home selling problems.
If she took out a loan while mom was still alive and used it for herself, that money is gone,imo. If hubbys mom signed her ok, it'll have nothing to do with whats left of the estate now. I dont know whether sil could take a loan out on the house with mom living, on her own. I took care of my mom and was "in charge", but I couldnt legally have done that. You really need to find out if there was a loan, and who signed for it.
If it was after mom passed, sil will have to account for every penny unless the house is worth enough to be part or all of her share as a heir. I could have done that, as I had to keep the estate going or I could have taken my share early. The problem with taking a early share is there has to be enough net from the house/estate to cover the amount she possibly took. In your case, I hope she didnt get mom to sign before she passed. That could mean she just plain robbed mom and the other heirs. Good luck and hope you keep us updated.
And the person in charge of the estate really has to account for every penny. My father used to keep a bunch of change in a cup in his kitchen. After he passed away many of us stayed in the house for a week or so. One of the grandkids (age 5) took a few quarters out of the change cup before my brother (the executor) could add it up. My brother reminded us that every penny in the change cup, in Dad's wallet, sitting on his dresser, in his bank accounts, etc. were all part of the estate and it had to be handled correctly. It had to be the exact amount that our dad had when he died. I'm not sure if your SIL was quite that accurate.
Although, it looks like your SIL might have gotten an extra $50,000 that didn't belong to her rather than the 50 cents that my nephew originally took (and then replaced).
Last edited by germaine2626; 04-12-2013 at 07:56 PM..
It is a no win situation sometimes with these things.........my grandmother passed away in 1959. My mom was one of six children. Everyone agreed to let my uncle live in the house as he was down on his luck and the house was not worth much..years later in better shape he let his children rent the house. House was never worth much. My mom would always comment every other year that someday there would be hell to pay when someone wanted to sell it. The uncle passes away in 1995 and leaves the house and his other house and possessions to his five children......his children save selling my grandmothers house for last as they fought bitterly over his house and possessions. They go to closing on my grandmothers house and the title is not clear....and to top it off my dead uncle had done quit claim deeds for each of his brothers and sisters as they died and notarized them himself......guess what, my mom was the only living sibling at the time. This was 2003. I hired an attorney with a $1500 dollar retainer to cover her best interests. I get my moms remaining brother and sisters children (except for my uncles children) to agree to a 30% share of the sale of the house for us to divide. 2011 my mom has since passed, attorney is retired, the house is sold....original asking price was 750k.....sold for 140k. New attorney who took over for the retired one charges us $4600 to attend closing and disperse the money to us. My mom always said it was the principle and if she made two cents it would be fine. Our proceeds went to our girls college fund.
The moral of the story......sometimes family values are overwhelmed by greed.
It is ironic the mentioning of New London......I worked at the Navy Research Lab that was closed by a BRAC and then the city took the property......that little neighborhood across the street from the lab was not the best but is was a nice little working class neighborhood. They disrupted all those people and the planed development never materialized.
What a story. And all that went on to become part of the fabric of your lives. Sad the problems greed causes. I have a friend whose cousins are mean. Confusing story,as these can be, but the end result is my friend's elderly mom needs care in a facility. Elderly mom had passed inheritance on to both her children. Both her children had agreed to support their mom. My friend's sister then passed away and her children are holding things up. The money came down from the grandmother.
Read up on Kelo. The property owner still must be compensated for the market value of the seized property - Kelo was paid. Eminent Domain is a forced sale.
OP: I'm not sure the receipts for maintenance on the house are going to mean anything if you don't have a written agreement with your SIL to get reimbursement. You're paying taxes and performing maintenance on someone else's house.
You don't know if your husband is legally entitled to any part of the house, but you do know that the house is currently not yours. I'd stop paying anything other than utilities and let your SIL pay the taxes from the estate.
OP: I'm not sure the receipts for maintenance on the house are going to mean anything if you don't have a written agreement with your SIL to get reimbursement. You're paying taxes and performing maintenance on someone else's house.
You don't know if your husband is legally entitled to any part of the house, but you do know that the house is currently not yours. I'd stop paying anything other than utilities and let your SIL pay the taxes from the estate.
That was the same thing that I was thinking. In fact, I strongly suspect that without a written agreement your SIL will just say "Sorry, you are out of luck" (or something worse).
OP: I'm not sure the receipts for maintenance on the house are going to mean anything if you don't have a written agreement with your SIL to get reimbursement. You're paying taxes and performing maintenance on someone else's house.
You don't know if your husband is legally entitled to any part of the house, but you do know that the house is currently not yours. I'd stop paying anything other than utilities and let your SIL pay the taxes from the estate.
They should not just be able to live there for free, they at least need to pay rent to the estate. People do strange things with family property. I've seen exectors sell homes for bottom prices (just to make sure siblings didn't get much?), middle aged sons who had to be forcibly evicted from late mom's basement, adult kids refusing to sell the home or buy it out from siblings, etc. If these things go to to judge they just order everything split and sold in a timely manner, no games. Sometimes it's the only way because those in charge refuse to perform their duties in a fair and professional manner.
They should not just be able to live there for free, they at least need to pay rent to the estate. People do strange things with family property. I've seen exectors sell homes for bottom prices (just to make sure siblings didn't get much?), middle aged sons who had to be forcibly evicted from late mom's basement, adult kids refusing to sell the home or buy it out from siblings, etc. If these things go to to judge they just order everything split and sold in a timely manner, no games. Sometimes it's the only way because those in charge refuse to perform their duties in a fair and professional manner.
This is what happened to us, years of taxes being paid, income from a small laundry sign and rental income were all tossed aside in agreement to just sell the home and split the proceeds.
The longer you just let things ride the harder it will be to negotiate the estate in the future. Good luck
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
