My mother passed away 3 ys. ago leaving the house to my sister and myself. I had taken care of my mother for 6 yrs until the last month of her life at which time she had to go stay with my sister. I had been diagnosed with emotional and physical exhaustion and my Dr. said "no Mom". My sister told me constantly that the house was mine due to the financial burden put on me to take care of my Mom. It amounted to over $34,000. My sister wouldn't give a dime towards her support. Two weeks ago, my sister passed away. Her husband informed me that he was selling their house and everything in it. I begged him not to sell my Mom's possessions and he told me that I could have them all. I told him "no, I would only like to have my Grandmother's wedding ring, my g-Grandmother's cookbook and my childhood things that were an antique trunk that my sis and he had taken out of Mom's house without all of us going through it. He said that there wouldn't be a problem with that and once again, told me that the house was mine. There is still a mortgage on the home which I have been paying for 3 yrs. His son found out about it, called me and cussed me out, telling me that I was getting nothing. My attorney says that there's nothing I can do and the house may have to be sold on the courthouse steps with me having to buy the house back and pay my brother-in-law half. Is this right?
My sis and I have used the same lawyer for other matters so I just took it to him. I am hoping to settle this in a "no suit" manner and he is going to send my brother-in-law a quit claim deed. I know that he won't sign it. He didn't have the common courtesy to let me know that my sis was sick. I found out through a friend of my mothers. When I got down to her home, I found my sis laying in filth, not able to talk or eat solid food. She weighed 65 lbs. She told me before I left that her husband wasn't feeding her enough and to ask him to feed her more. She died 4 days later. This is the kind of man that I'm dealing with. I might add that I had to pay all of the probate costs when my mother died and paid back Medicaid for my mother's care..not a dime from my sis, even though she promised. I didn't pursue a lawyer about my Mom's house because I was trying to salvage what was left of my sis and my relationship.
I would call the police and talk to them about what she said. He basically starved her to death. If he is convicted of this through evidence from the coroner's report you could get all of it without even going to court. He sounds like an a** that I would love to do the worst to.
Fight for your sister, the house should be yours but as long as you have it that side of the family could be attacking you over and over.
Why did you wait three years to get all this legally binding? You needed a lawyer years ago, go get one right now!
You should have had your sister put it is writing that the house was yours. Now you are going to need a lawyer. But the son should have no claim, your sisters estate should have gone to her husband who could then still sign the home over to you.
Your attorney knows the specific details so I would defer to him.
I don't understand why the deed wasn't transferred to you when you mom died. Unless you slipped through the cracks the mortgage would have to be in your name therefore the title had to be in your name as well.
good luck & listen to your lawyer. Do not heed anything said by your BIL or his son. Keep copies of all exchanges, & be patient.
Here's what I don't understand: was your sister living in your mother's house? & you were paying the mortgage on that house? If so, gather your documents/returned checks & present those with your case. If the house goes to court, then the amount you've paid.....hopefully will be deducted from your BIL's half. Don't wait for the courthouse steps, push for a settlement.
Even with Wills, the State of MO favors the surviving spouse over the terms of the Will. My Sis & I inherited my Dad's home....along with our Evil Stepmom. The Will clearly stated "equal 1/3 shares" of all his possessions & belongings. NOPE, the State of MO has 2 laws....which I hate! Homestead Act....which allows the surviving spouse legal ownership of the home for 1 full year. The spouse can sell it...do whatever desired....even though there are other inheritors on the estate.
I mean, seriously, our names were ALL on the deed....& Evil Stepmom still had legal control of the home for one year.
& the other law allows the surviving spouse to claim the $$ in the estate, regardless of the terms of the Will....up to the amount of income lost for one year. Totally sucks!
Your sister's son is not the one who will make this decision. What does your mother's will say? If it goes to the two of you jointly, then you and her husband will have to decide. Have the husband sign over his interest in the house to you. He can file a quitclaim for almost no cost.
Oh - and it doesn't matter one bit how much money you spent on your mom's care, or who lived with her, or took care of her. It only matters what was in her will. For example - your sister could have lived in China and not talked to your mom for 30 years while you bankrupted yourself caring for your mom... and if the will says it's split 50/50, then it is.
In whose name did your mother leave the house? Just your sister's, or both of yours? If both the proceeds from the sale of the home should be split 50/50 between you and your sister's husband. Am I missing something here?
