Legal help please

[Rokinronda]

Dads home was quit claimed to my sis Jan. 2007. He passed away Nov. 2007. House was sold to youngest sister June 3, 2008. The will (1999) wanted all assets divided equally and sisters acknowledged it and stated it would be done. I am now to sign off on the estate for $1. I have not received .01. I should not sign until I have my share, correct. PLEASE HELP ME! Its not much, but my sister is not forthcoming on anything. I have never seen a bill, a debt, savings, checking, etc..etc..etc.. HELP!

[Blondie]

Ronda,
I am so sorry you have to deal with this upsetting issue. I know nothing about these situations, but it would seem to me that your Dad's will would take precidence over anything else.

Hopefully, some of the TOTV folks are attorney's, and will be able to guide you.

Md Blondie

[Rokinronda]

I guess my sis can do as she pleases with the little proceeds from the house. I will sign off for $1. After she figures all bills and final payments, she will send my share. This has been the toughest 9 months of my life. Dad was down here twice since I moved. Sis and her hub were here for a week also. What happened after that I haven't a clue.

[chelsea24]

Ronda, don't sign off too quickly. Hopefully someone can come forward with legal advice. Have you checked with Village Kid? She might know someone who can advise you. Good Luck.

[barb1191]

Time and time again, estates can completely break the bonds of families. Rhonda, is your sister the "Executor" of your dad's estate? Or, is an attorney or a financial advisor the "Executor"?

The executor of the estate holds the strings to the legalities. Unless you get what was due you, even if $1 then I WOULD NOT sign off until you get what IS due you. In not signing until then, you can force sis to mitigate her duties if she's the legal executor of the will. Until everyone signs off, this will hold up your sister's and any other heirs from receiving their share, as well. In order to process the estate, everyone must sign off after getting their share and most definitely not BEFORE.

DON'T SIGN....What do you have to lose? A dollar? Sooooo sorry for your troubles. This happens much too often. Been there and it took ten years and legal fees up the kazoo, however, justice ruled and we won.

Good luck, luv....this is just my opinion. Follow your heart.....barb

[Mikitv]

I certainly would talk to a lawyer before I sign anything. Maybe if sis feels law is involved she will be more forth coming. Just IMHO

[Taltarzac]

Dads home was quit claimed to my sis Jan. 2007. He passed away Nov. 2007. House was sold to youngest sister June 3, 2008. The will (1999) wanted all assets divided equally and sisters acknowledged it and stated it would be done. I am now to sign off on the estate for $1. I have not received .01. I should not sign until I have my share, correct. PLEASE HELP ME! Its not much, but my sister is not forthcoming on anything. I have never seen a bill, a debt, savings, checking, etc..etc..etc.. HELP!


In what state is the home? Is your sister in the same state? There are usually lawyers who have message boards where you can get legal information for free which is also geared towards the state law which which control the estate. I would Google the state where your father's home is along with "property law" and "attorney/lawyer".

How many sisters do you have? Any brothers?

Am I readed this right that one of your sisters sold the quit claimed house to your youngest sister? That's not that clear?

[Rokinronda]

I am oldest, Pat (executor because she lived closest per Dad) is middle (insecure big time) , Lisa is baby, half sister, 32. House is in RI. Dad loved us equally, always did. Dad quit claimed to Pat. Pat sold house to Lisa for a fair, mutually decided on price. Price in paper was even less. :dontknow: Lawyer said all would be done fair, and equal. 3 sisters agreed. I am now to sign off for $1. House closed 2 months ago. Almost all bills paid. Final probate after I sign, then Pat says she will maybe send me some $, depending on her tax liability. Is the liability on full sales price? If so she will be owing more than she got! Then what?? She says she did not know Dad quit claimed the house to her? He had a loan on the house. Was that loan paid by Pat? or because of the quit claim is she not liable? He was not sick, he died suddenly. I feel the will would have made things much easier and NO tax liability. I really have been left out of the "loop". I was in RI within 24 hours, but everything was done. I was not included. I have not been shown any financial papers and have been told that I won't. That I just have to trust her. HA! I told her I might inquire with a lawyer, She said if I did I would never get a penny! It has been a living nightmare. Pat has been angry :dontknow: since Dad died. We just had another argument!! THIS SUCKS!

[barb1191]

Another avenue to consider....Find a good estate lawyer who will work for you on a "contingency" basis. If you win a lump sum, lawyer with be due a percentage; if you lose the case, lawyer gets nothing.

What have you got to lose at this point? You need to take control of your part in this estate and not allow your sister to hold threats of $0 over your head.

Hope this helps and try to stay cool. Worry and anger solves nothing.

Another suggestion is to go to the public records at the town offices and get all the information you can on the actual sale of the house and probate will have all that info as it is public info where you can actually ask to see all the records...no charge. You can also tell them your situation and they will help you file an appeal or whatever action could be taken and show you how to do it.

Hope this helps. I speak from my own experience and my legal work was all done in MA. You can probably research and get hold of a lot of information from searching records online under the town and/or county where the records are filed.

[F16 1UB]

Another avenue to consider....Find a good estate lawyer who will work for you on a "contingency" basis. If you win a lump sum, lawyer with be due a percentage; if you lose the case, lawyer gets nothing.

:agree:

[Rokinronda]

Thanks for all your advise. I have decided to sign off. The amount I thought I would get is very small (15-20k) and not worth a fight in court. I am the peacemaker. Always have been. If a war is desired, Pat is not getting one. Then I would be the "bad" sister. Pat would love that! Not worth it. I will wait and see if her conscience gets to her. Thanks everyone!

[villages07]

Ronda,

The estate would have to pay off the mortgate before the sale could go through. Sister Pat will have to pay capital gains taxes based on your Dad's basis in the house. Assuming he had it for a long time and it was sold at reasonable market value, then she will have to pay Capital Gains on quite a bit. She may not net much out of all this...but, still, she certainly should be open with you regarding the numbers. The other sister apparently got an easy house deal at a reasonable price.

Ronda gets to live in The Villages. All in all, I still think you are the winner. :bigthumbsup:

Hopefully all of you out there who have recently moved to TV have updated all of your Estate planning documents...drafted a new will, update/create trust, health care directives, etc.

[Rokinronda]

07, You are right!!! I am here and I am very very happy. Nothing better than that!!

[Cassie325]

07, You are right!!! I am here and I am very very happy. Nothing better than that!!


Ronda....re-read the quote you have at the bottom of your profile...it is attached to everything you write on here....

Re-Read it my dear....then yell....BRING ON THE RAIN!!!

[Shirleevee]

Ronda,

Sailor and I had a very similar situation. Sailor had just had a health crisis and we decided to just let it go. I think it was a great decision. The effects of stress are not worth it......

Live well.

Shirleevee

[Barefoot]

Thanks for all your advise. I have decided to sign off. The amount I thought I would get is very small (15-20k) and not worth a fight in court. I am the peacemaker. Always have been. If a war is desired, Pat is not getting one. Then I would be the "bad" sister. Pat would love that! Not worth it. I will wait and see if her conscience gets to her. Thanks everyone!

As we all know, life isn't always fair. I think your decision to move on and "let it go" is the right one for you. Peace of mind is priceless. A court battle would hurt everyone involved. Hopefully your sister will see the light. lovehorse

[njgranny]

Rhonda, You're right that it's probably not worth the tension. Good luck to you in all of this.

Some advice I'll pass on for anyone having children and making a will - use an attorney as the executor. It saves so much hassle for the family, and the best of families will have tensions, etc. at these times. My mother did that and the small cost for the attorney was worth every penny not to have to handle it ourselves and, possibly, get into family squabbles.

Jan