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PS Was the realtor a real person? Did you meet the realtor? Or was she a figment? Your sister could be good at IT stuff and could have made up those emails herself.
The realtor was a real person. We all met her.
I would love to remove my sister from all of this, but according to the will, she has to have an equal say on everything that happens in the trust. We would have to get into a legal battle to have her removed. My strategy (and my other sister's ) is to distribute all the assets as soon as possible so that we can just quit any further financial dealings with her. This property and a few other things are still remaining-- we have sold/distributed most everything else.
She doesn't have any of my passwords. She keeps asking for my SSN for a variety of different reasons, but I always refuse to give it. She does of course, know my birthdate.
Have the three of you arrived at a price that you want for the property? I don't think it's unreasonable for this potential buyer to want to arrive at a price before he goes through the trouble of submitting the offer in writing. Offers in writing aren't worth any more than a verbal offer - after all, if you accept the offer, and he immediately says, "Never mind, don't want it, not bothering with the septic and well tests, just don't want it" - you can't hold him to the deal. But if the sister hasn't forwarded you the emails from the supposed buyer, then based upon her past history, it's probably your SISTER's scam, not a buyer's scam.
I'm sure that the three of you had agreed upon the listing price in the past. Tell her to tell him to send an offer in writing for that listing price minus whatever the realtor's commission was, and then forget about it, because she's probably lying.
Contracts establish a lot more than price. It tells you who is trying to buy this thing, terms, financing, contingencies, down payment, closing timeline, etc. Chatting online with some stranger saying "do you think you might give it to me for $10K less?" does not assist to set up any of the actual mechanics of the deal. Of course, there is always an "out" built in to any contract. But a contract conveys a serious intent.
I am uncomfortable with anyone I have not met, have not seen in person and who has not been vetted or come to me through a traditional channel such as an agent, tour, or even who has not been referred by a sign with contact info on the property, asking for details and trying to negotiate price on something I own. If this person is real, serious, and wants a deal, he/she will submit a contract which states what they are willing to pay and how they are planning to do it. Period.
Just list it with another realtor. Let them do all the work. This family obviously cannot get this done on their own. Tell the realtor not to talk to the crazy sister and all correspondence must go through one point of contact.... you.
I would love to remove my sister from all of this, but according to the will, she has to have an equal say on everything that happens in the trust.
I've found this whole thread a little confusing. Surely your sister can't enter into any negotiations with a potential buyer (let alone sell the property) without the written consent of the other trustees?
If that's the case (which I can only logically assume it is) then let her go off on her delusional plane and ignore it all until (and if) she comes up with something tangible in writing.
I've found this whole thread a little confusing. Surely your sister can't enter into any negotiations with a potential buyer (let alone sell the property) without the written consent of the other trustees?
If that's the case (which I can only logically assume it is) then let her go off on her delusional plane and ignore it all until (and if) she comes up with something tangible in writing.
You are correct-- she can't sell without our consent. But she can certainly frame the situation in such a way that we might be misled into giving our consent.
We had a conversation the other day in which she detailed a mystery buyer. My older sister and I insisted on seeing a written contract. Thus far none have materialized.
I set the thread up just to see if anyone else thought this scenario of the out of town buyer sounded as unlikely as I did. My gut feeling is that this person is either a smokescreen and my younger sister is trying to pull one over, or that this is a real person who is trying to fish for information advantageous to the negotiation. My little sister has been communicating with this individual (supposedly) but we have seen none of the correspondence. Her reaction to our insistence on a contract was bizarre.
You are free and clear to go to court for partitioning. Just do it and move on.
The will states, and the trust document states, that the only way that one of us can be removed from decision making is by arbitration. My mother knew that my sister was unstable, and I think instead of cutting her out altogether, she wanted to set it up so that she couldn't cause any problems if she suddenly got mad at one of us. She could volunteer to cede her decision making, but if we want her off of there short of that, we have to lawyer up. We are not yet at that point.
I would love to remove my sister from all of this, but according to the will, she has to have an equal say on everything that happens in the trust. We would have to get into a legal battle to have her removed. My strategy (and my other sister's ) is to distribute all the assets as soon as possible so that we can just quit any further financial dealings with her. This property and a few other things are still remaining-- we have sold/distributed most everything else.
She doesn't have any of my passwords. She keeps asking for my SSN for a variety of different reasons, but I always refuse to give it. She does of course, know my birthdate.
She would have an equal say in your purchase of her share. You would not officially have her "removed" but rather "pay her for her share fairly."
When you say "distribute assets"...is this dividing the assets somehow? This may be the same thing...basically get her hand out of your share.
I've known people like this. Some would say they are low functioning...but in other ways they are brilliant. Likely a professional would diagnose her with one thing but with levels of others as well. But you pretty much know how she is. Just make sure you and your other siblings protect identities. And that each of you protect the other's identity. It's amazing the littlest thing that can lead to uncovering private info. Be sure to protect paperwork when you are away from it as well in case your sister enters your home.
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