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Old 05-14-2017, 11:54 AM
 
3,248 posts, read 2,455,057 times
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Quote:
Originally Posted by 399083453 View Post
My first idea is.... do people have mortgages on these properties? Did they build them with cash and never re-mortgage? I'm thinking if there are mortgages somewhere, there is a paper trail of deeds describing the lot lines, description of the land, etc.

Ultimately this will need to be negotiated with all parties with a lawyer, there is no getting around that.
There are no mortgages. The newest house on this property was built in the 1950s.
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Old 05-14-2017, 11:59 AM
 
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Originally Posted by cully View Post
It's amazing not one of these people saw this coming and put safety measures in place.

What is the current talk today about what they expected? Not the fights but why they thought it would all work out. Or maybe they didn't think it would work out and just always knew there would be fights.

Yes, attorney time. Ironically, this may displace and eat up a lot of any benefit anyone would have received.
The relative who passed away likely had some undiagnosed dementia, and the will we have created a decade ago before the strange behavior started. It is silent on the division of the land, though tractors, cars and other items are specifically named and a recipient identified. The relative in question was notoriously passive aggressive so no one knows if this family chaos was the intended consequence of the will or not.

All of the relatives living on the land have a 100% different expectation, except that they all believe they were promised some or all of it, and that they should continue to live there without a mortgage.
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Old 05-14-2017, 11:05 PM
 
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Funny how they're mad now but didn't think to safeguard what they regard as theirs earlier.
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Old 05-15-2017, 06:16 AM
 
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Originally Posted by cully View Post
Funny how they're mad now but didn't think to safeguard what they regard as theirs earlier.
This was my first thought. One of them fenced in what they *think* is theirs. When the others kind of said, hey that seems fair, he fenced it, that seems like its his, makes sense with where his house is, he got angry and started asking for MORE.

One of the others who does not live on the disputed land moved back in with a sister so that she, too could have a claim.

Apparently the relative told all of them they would be the sole inheritor and executor. But my partner who lives out of the state this debacle is in, is the executor, though he is not named as inheriting any of the land. He doesn't want it, it just goes to show that the thinking all around was not the most logical or measured.

You would think there was a secret treasure buried on this property the way these people are acting. Its not really even that nice-- its in a rather economically depressed area and the sale of the house is not expected to be much of a windfall. But I guess these are people's (mortgage free) homes so they are willing to fight.
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Old 05-15-2017, 09:37 AM
 
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Maybe it will be found there's something illegal about these homes being built there. Maybe some are small enough to be considered something along the lines as belonging to the main house....large shed, etc.

It will be a mess. Can your friend get out of being executor?
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Old 05-15-2017, 09:38 AM
 
17,400 posts, read 11,971,106 times
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Quote:
Originally Posted by cully View Post
It's amazing not one of these people saw this coming and put safety measures in place.

What is the current talk today about what they expected? Not the fights but why they thought it would all work out. Or maybe they didn't think it would work out and just always knew there would be fights.

Yes, attorney time. Ironically, this may displace and eat up a lot of any benefit anyone would have received.
Sounds similar to the situation my mother-in-law and sister-in-law are in. My SIL and her husband got into a bad financial situation. They had inherited her husband's uncle's home, and owned it free and clear. They lived there for 15 or so years, and had accumulated a ton of debt, and had saved no money at all.

They pitched a "solution" to their problem to my MIL: they would sell the home and build a new one, on my MIL's 10 acres, with the money left over from paying the debts. She wanted them to pay to split the parcel after buying 5 acres, but they didn't have money for that after calculating the costs of the new (huge and luxurious) home. They also had half an eye on my MIL being a convenient babysitter, since they would be so close to each other.

Fast forward a few years, when my BIL wants to borrow money against the property to fund him buying a business. My husband (thank goodness) is on the deed (while his sister is not), and he held firm on not borrowing against the property. My BIL came unglued, and consulted a lawyer as to his "rights". The lawyer informed him that he had zero rights to the home, and since there was nothing in writing, he had essentially "gifted" my MIL with a nice home. Not sure how much is BS, but that is what he told my husband.

They plan to sell the entire thing in a few years, when my MIL retires, and I can't even imagine how ugly it will get. My SIL thinks she's entitled to the entire profit, because she "improved" it. My MIL wants to give them just what the house appraises for, minus the land. My husband has braced himself for the fact that his sister and possibly mom may never speak to each other, or him, again.
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Old 05-15-2017, 12:05 PM
 
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Quote:
Originally Posted by cully View Post
Maybe it will be found there's something illegal about these homes being built there. Maybe some are small enough to be considered something along the lines as belonging to the main house....large shed, etc.

It will be a mess. Can your friend get out of being executor?
I am sure he can step down and may do so as it becomes too stressful. But that won't solve the problem. His relatives are really an interesting bunch.

I think the houses are probably too big to be sheds. The smallest is about 1000 square feet and the others are between 1200 and 2000 square feet (guessing). The deceased relative had a pool and a little casita/guest house which maybe could be a shed. Of course, deceased relative's most recent paramour had taken up residence in the casita throughout the last few months and is also making a claim.

I told my partner he should just get video of the whole thing and sell it as a reality show.
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Old 05-15-2017, 01:00 PM
 
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Originally Posted by emotiioo View Post
I am sure he can step down and may do so as it becomes too stressful. But that won't solve the problem. His relatives are really an interesting bunch.

I think the houses are probably too big to be sheds. The smallest is about 1000 square feet and the others are between 1200 and 2000 square feet (guessing). The deceased relative had a pool and a little casita/guest house which maybe could be a shed. Of course, deceased relative's most recent paramour had taken up residence in the casita throughout the last few months and is also making a claim.

I told my partner he should just get video of the whole thing and sell it as a reality show.
What's the problem? I'm guessing it is that he wants his slice of the pie and by staying as executor he can help ensure he gets his payout. Problem with that is, it's 18 acres across a number of individuals, he is most likely to get a headache and a little pocket change.

I would step-down as executor and let the crazy family play it out, really ask yourself, is this all really worth it?
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Old 05-15-2017, 01:15 PM
 
3,248 posts, read 2,455,057 times
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Originally Posted by chb119 View Post
What's the problem? I'm guessing it is that he wants his slice of the pie and by staying as executor he can help ensure he gets his payout. Problem with that is, it's 18 acres across a number of individuals, he is most likely to get a headache and a little pocket change.

I would step-down as executor and let the crazy family play it out, really ask yourself, is this all really worth it?
The problem is that he is supposed to sell the property and divide the proceeds among the heirs. Okay fine. But the heirs can't get it together to figure out what that means. The property has no history of being subdivided and no one can afford to buy one another out.

YET they all agree they want the property sold (the relative's house at least) as they are cash poor and expect to "make money."

My partner wants no "slice of the pie" trust me. Neither of us have any desire to own this land-- we live nowhere near it and further don't want to live near these relatives (if he even SUGGESTED we take some I would get his head examined). He is just trying to honor the wishes of a relative. He is the family "good guy" and everyone is hoping he will solve this morass of Jerry Springer-like feuding in a way that pleases everyone.
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Old 05-15-2017, 03:55 PM
 
Location: Northern Maine
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Quote:
Originally Posted by emotiioo View Post
The problem is that he is supposed to sell the property and divide the proceeds among the heirs. Okay fine. But the heirs can't get it together to figure out what that means. The property has no history of being subdivided and no one can afford to buy one another out.

YET they all agree they want the property sold (the relative's house at least) as they are cash poor and expect to "make money."

My partner wants no "slice of the pie" trust me. Neither of us have any desire to own this land-- we live nowhere near it and further don't want to live near these relatives (if he even SUGGESTED we take some I would get his head examined). He is just trying to honor the wishes of a relative. He is the family "good guy" and everyone is hoping he will solve this morass of Jerry Springer-like feuding in a way that pleases everyone.
You are over involved, trying to help doesn't help in this scenario.
Where theres a will theres a relative.
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