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Dad stated in letter house should go to me after my sister dies. Do I have any resource? Cannot talk to sister about this issue, as she spent winters there and feels the house should be hers and her kids.
If you live in USA and no will your father died intestate. Things will be divided equally according to heirs in line. Your sister cannot give the house unless it I'd deeded to her. Call an attorney
Here 4 her is spot on. I'd like to add to get an attorney who has a practice in the county where the property is located. This can and probably will get ugly.
The letter is important as it shows your dad did a usafruct on the property and by doing this provided her use of the property (so he wasn't being mean to her) but final ownership is yours. This all gets sticky in that she & you could live another 30 years and what happens legally during this time and who is responsible. You need to think about what happens to the property when you die and update your will once all this is done and filed.
How are the costs of the properly being done?...who is paying for insurance, taxes, utilities, upkeep etc. If they are paying for all, you really need to get proactive and move those bills to your name and pay for whatever and act as if the property is yours but you allow Sissy to enjoy it. You need to legally work all this out sooner rather than later.
Intestate can vary by state law so you really, really have to have legal deal with this and have them file and get a clear title so that this does not become an issue decades from now. In some states, all assets cede to the state and are held until the affidavit of heirship are done within a reasonable period of time. In other states, property can be cede by judges decree. Whatever the case, you need legal.
There are some things you can do in advance of meeting with an attorney: most property records are available on-line and you can go to the county website to access those and pay to download all the filed documents related to the property since your dad has owned it. This will make your and the attorney's life easier. Having the correct property description, parcel #, etc is very important legally. SOmetimes there are things that have happened to a property - like an easement or a contractor lein- that you have no idea that has happened as you don't live there and end up being a surprise to deal with.
Also when you are on-line you can easily see who the attorneys were for filings for other property in the area where your dad's place is - the same firm or title company names will come up over and over, those are the attorney's I'd contact in this matter. If you don't use one of those firms, make sure you ask the attorney what their experience is in doing chancery office work - as this is where most of property disputes are dealt with. You want someone who does this type of work and knows how to make things move in the courthouse.
is this perchance a coastal property? Where I live, lots of folks have 2nd or 3d homes or "camps" that have passed down through family (where all the old electronic's go to live.....), many many did not ever do the legal filings in probate court to change ownership. Things just went along, house was paid for and overall costs were low and whomever lived there or had the deep pockets paid the taxes, etc. Sometimes a house would sit empty for months. Then Hurricane Katrina came and destroyed the property & there were all these problems because the legal on property ownership was never done: couldn't get a grant or loan to rebuild as no clear title or ownership; when they went to court to establish heirship so they could transfer ownership, all the lineal heirs became partial owners and there was always 1 sibling who had financial issues and judgements against them which get attached to the property as the house is now an asset so more heartache to deal with; or in order to get single ownership, the other heirs must sign off on ownership and most wanted to be paid off their share;or best yet.... insurance company refused claim as policy holder deceased so no valid contract existed. All these are the sorts of things you just don't think about but a total PIA to deal with. Good luck
Well said, igloo! I wondered after I posted if things could vary from state. I've only lived in 1 and it is cut and dried. But it sounds like unless it is a sizable estate, the lawyers are going to end up with the bulk if not all. Yes an attorney that practices family law/real estate law would be best.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
Your sister cannot give the house unless it I'd deeded to her. Call an attorney
The letter is important as it shows your dad did a usafruct on the property and by doing this provided her use of the property (so he wasn't being mean to her) but final ownership is yours. This all gets sticky in that she & you could live another 30 years and what happens legally during this time and who is responsible. You need to think about what happens to the property when you die and update your will once all this is done and filed.
How are the costs of the properly being done?...who is paying for insurance, taxes, utilities, upkeep etc. If they are paying for all, you really need to get proactive and move those bills to your name and pay for whatever and act as if the property is yours but you allow Sissy to enjoy it. You need to legally work all this out sooner rather than later.
Intestate can vary by state law so you really, really have to have legal deal with this and have them file and get a clear title so that this does not become an issue decades from now. In some states, all assets cede to the state and are held until the affidavit of heirship are done within a reasonable period of time. In other states, property can be cede by judges decree. Whatever the case, you need legal.
There are some things you can do in advance of meeting with an attorney: most property records are available on-line and you can go to the county website to access those and pay to download all the filed documents related to the property since your dad has owned it. This will make your and the attorney's life easier. Having the correct property description, parcel #, etc is very important legally. SOmetimes there are things that have happened to a property - like an easement or a contractor lein- that you have no idea that has happened as you don't live there and end up being a surprise to deal with.
Also when you are on-line you can easily see who the attorneys were for filings for other property in the area where your dad's place is - the same firm or title company names will come up over and over, those are the attorney's I'd contact in this matter. If you don't use one of those firms, make sure you ask the attorney what their experience is in doing chancery office work - as this is where most of property disputes are dealt with. You want someone who does this type of work and knows how to make things move in the courthouse.
is this perchance a coastal property? Where I live, lots of folks have 2nd or 3d homes or "camps" that have passed down through family (where all the old electronic's go to live.....), many many did not ever do the legal filings in probate court to change ownership. Things just went along, house was paid for and overall costs were low and whomever lived there or had the deep pockets paid the taxes, etc. Sometimes a house would sit empty for months. Then Hurricane Katrina came and destroyed the property & there were all these problems because the legal on property ownership was never done: couldn't get a grant or loan to rebuild as no clear title or ownership; when they went to court to establish heirship so they could transfer ownership, all the lineal heirs became partial owners and there was always 1 sibling who had financial issues and judgements against them which get attached to the property as the house is now an asset so more heartache to deal with; or in order to get single ownership, the other heirs must sign off on ownership and most wanted to be paid off their share;or best yet.... insurance company refused claim as policy holder deceased so no valid contract existed. All these are the sorts of things you just don't think about but a total PIA to deal with. Good luck
Yes an attorney that practices family law/real estate law would be best.