getting my share from my sister

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  #1  
Old 05-26-12, 04:59 PM
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getting my share from my sister

Ok, mom died and left my sister and I her house 2004. Mom also left me $26,000 ins police and I gave my sister half and now I wish I never did. My sister is not a pleasant person and treated me like crap after mom died and of course after she got my money. I say I shouldn't have bc mom gave her thousands. Anyways, my sister rented mom's house to her daughter for 5 years. (She moved out Spring of 2010) She trashed it and left a lot of her junk. I had to haul it all out in the hot summer of 2010 and paint all the rooms, put new flooring down and new bathroom vanity. the floors were black with mold and my sister or her daughter never once helped me. I was there 3 days a week, 7 hresw each day for 6 months. Today my sister emailed me (she moved to Florida) and said she wants to either put the house up for sale or me buy her out. I know she is expecting to get half! She once told me I have no common sense but I am the one who fixed it all up so we could rent it out bc we had and still have taxes to be paid. None of our kids are on the will. But my son moved in Jan 2011 and is renting it from us. At least he pays me and does all the yard work.; He didn't even want to move in at first bc you couldn't get your breath inside the house. Pet peeing. Her daughter didn't pay us for 5 months! Question: since she is a nasty person(others have told me she is, also) can I refuse to sell the house? I want to buy her out but not have to give her half bc I gave her $13,000 plus I put in $8,000 of my own money . I am also calling an attorney this week. I don't think my sister has it all together bc her one son says she likes to cause drama. I know she is waiting for my answer, but I need to see an attorny first. I just felt I had to write to see what advise I get. Thanks.
 
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  #2  
Old 05-26-12, 05:09 PM
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getting my share from my sister

I know all the money I put into this house it may not have improved it but if I never did anything the house would have crumbled and we would never be able to sell it. I do want to buy it from her, though. Bc the land was changed to commercial
 
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Old 05-26-12, 05:20 PM
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Keep accurate records and receipts on everything you spent on the house. If there was no stipulation on how the house was to be disposed of, I doubt your sister could force a sale. It takes two to tango. Who is the administrator of the will?
 
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Old 05-26-12, 05:20 PM
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Simple answer...you need to wait for the attorney opinion.

That said...if you "gave" her money..then it was a gift and has no weight in the matter. If you put $8000 of your money into the house and have receipts and can prove it all went to the house...then MAYBE that would count on your side. I doubt your labor would be a factor.

Thats my best answer...but I am not a lawyer and haven't even played one on TV.
 
  #5  
Old 05-26-12, 05:43 PM
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getting my share from my sister

Mom left her house to only my sister and I "share and share alike". But since our kids names are not on the will, I guess whoever died first the other inherits the house. My sister is 68 and I just turned 60
 
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Old 05-26-12, 05:47 PM
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"I guess whoever died first the other inherits the house"...

Not true necessarily. If the will has been probated and you 2 are now listed as owners...she could will her share to whomever she wants.

If the title hasn't been changed to list the 2 of you...wow...yer just gonna have a bunch of hassle.
 
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Old 05-26-12, 06:44 PM
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You absolutely need the services of a good family law attorney. How the present title for the house is written makes all the difference in the world. If you did not probate your mother's will and get the title to the house re-issued in your and your sister's names you WILL be in a world of hurt and the attorney fees will skyrocket.

The specifics WILL be particular to the state where the house is AND the state where the will was probated; hopefully these are the same. No attorney who is not licensed in the same state will be able to give you legal advice and absolutely no lay person on an Internet site can give you legal advice.

All that stated, there are two broad choices available when two or more people own real estate. Most common is joint tenancy with rights of survivorship (JTWROS). This usually means that each listed owner owns 100% of the property but cannot do anything such as sell, lease or otherwise encumber the property without the permission (in writing) of all other listed owners. If one of the listed owners dies then the remaining owners now own the deceased owner's portion unless the deceased's will states otherwise.

The second most common method of multiple ownership is tenancy in common. This is where each listed owner has total control over the property and may do whatever without the permission of the other owners but each owner still owns an equal share of all actions.
For example: Three people own the same house with tenancy in common. Each person therefore owns 1/3 of the house. One of the owners sells the house for $99,000. Each of the other two owners is now owed $33,000 each by the owner that sold the house.

If the current title to your mother's house reads that you and your sister are tenants in common then you, or your sister, (most likely) may do whatever you desire as far as selling the house and do NOT need permission from the other. You WILL, however, be required to split any gains (or losses) with the other sister.

As I stated in the beginning. YOU ABSOLUTELY NEED AN ATTORNEY!
 
  #8  
Old 05-26-12, 07:52 PM
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Getting my shatre from my sister

Wow! I suppose I do need an attorney. Mom's will states. "power of attorneys (My sister and my name, ) in equal shares, share and share alike, or their issue per stirpes". "I nominate, and appoint (my sister and my name). , or the survivor of them, to be the Executors of this my Last Will and Testsment". And last "I direct and request that my fiduciary under this my Last Will and Test, shall not be required to enter bond or security of any nature whatsoever in any jurisdiction in which such fiduciary may act.".
A couple years ago she knew mom gave me a diamond and she wanted half. I called the attorney who did mom's will and he said the will was already probated and nothing she could do . But she took mom's new fridge a couple weeks after mom died and she just laughed it off. I didn't care at the time but since she was nasty to me in person and emails and on Facebook now I have to stand up to her I don't want to be like her, though. I will talk to the attorney. Thanks for your time. Susan
 
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Old 05-27-12, 05:49 AM
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Deep stuff! I would NEVER appoint joint executorship in a will. Just more arguing points. One brain, one decision. More than one, no decisions. You need an attorney, really bad.
 
  #10  
Old 05-27-12, 12:30 PM
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Chandler is absolutely correct, NEVER have co-executors on a will. Specifying that the heirs will share, and share alike is fine but you cannot have multiple people carrying out the wishes of the decedent without causing problems. You MAY have back-up executor(s) who will take over the duties if the primary executor cannot fulfill the duties for some reason but only ONE at a time. Quite honestly, I think the lawyer who drew up that will should be disbarred for such an error.

...or their issue per stirpes.
This is even more disturbing as the Latin phrase per stirpes essentially means forever. The total phrase means that even is your sister was to die her power of executor passes to her children, eldest first, and after all of that generation's siblings have died then to the children of the eldest and so on. Executors or PoAs should NEVER be subject to succession in that manner but always in a specified manner naming the person and/or fiduciary organization and only for the length of time to probate the will.

In fact, if the will HAS been probated then all matters as to property, either real (land) or personal, should have been settled and the estate closed. That you are having problems tells me that the proper final distribution of property was never made.
 
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