- May 5, 2024
- Posted by: legaleseblogger
- Category: Related News
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## A Family Property Dispute: Navigating Legal and Emotional Challenges
So my parents built a home in 2005, and my dad had all of our names put on the deed to the family home. My dad, mom, brother, sister, and myself are all listed as owners. Unfortunately, my father passed away in 2019, leaving behind a complex situation.
My mother is now pressuring me to sign away the home to my brother for a minimal amount of money, as she wants to pass the house to him. This presents a dilemma as only my parents’ names were on the mortgage, with payments still pending. Despite my refusal to sign, my mother has threatened to disinherit me and sue me for back rent and home repairs since 2019, even though I have not lived in the house since 2011. Furthermore, my brother, who has lived rent-free on the property for over 15 years in a separate house, has manipulated my sister into signing away her share.
The situation escalates as a well-known lawyer, known for handling high-profile cases, has contacted me regarding the dispute. The behavior of my family, particularly my mother and brother, seems out of character, considering my mother’s health issues and history of manipulation within the family.
The odds of getting sued and the potential outcome remain uncertain and concerning. As I navigate this legal and emotional turmoil, resources like the AI Legalese Decoder can offer valuable assistance. By decoding complex legal jargon and providing insights into legal strategies and rights, the AI Legalese Decoder can empower individuals to make informed decisions and protect their interests in such challenging family disputes.
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****** just grabbed a
They can’t force you to sign it away. Even the best lawyer in the world can’t force you to sign it away. I also kind of doubt that your dysfunctional family has got an actual lawyer involved. Any good attorney would shy away from such a case that has low returns.
That said, if you get sued, get a lawyer and respond – you do not want a default judgement. Realistically though, they can force a partition sale but that should bring in market value, not $10 because your brother is buying it.
Your best option though is to get a payoff in return for your share of the property – make sure you get it in cash and don’t be scammed.
The “big time lawyer” being a criminal defense lawyer for what’s obviously a civil matter, specifically real estate/probate/estates, is a huge red flag. Seems likely the number was spoofed.
I’d contact the law office directly and find out if they are representing your brother and mom. They have to tell you. If they are, ask for it in writing. Seems more likely the brother thought it would be a good way to pressure you, and spoofed the number.
You own 1/3 of the house. You have no liability for the mortgage, or for any of the “back rent/home repairs”, etc.
You might consider reaching out to adult protective services and letting them know that you’re concerned that your brother is taking advantage of your mom, who may still be suffering after effects from the stroke.
Also, get your own real estate lawyer. Specifically someone who deals with real estate and probate.
It is very unlikely that the lawyers is actually calling you. Lawyers send letters and they don’t call multiple times. Lawyers keep paper trails.
Call the lawyer’s office and ask if he is representing your brother. If not, the lawyer will be passed and take action against your brother.
Next, consider reporting your brother to your county or state’s elder abuse unit. If he is manipulating your mother, that will help immensely and you will be starting your paper trail. Keep all emails/texts from your brother and any other documents from your brother and a written record of phone calls.
Co sidereal putting a Lis Pendens on the property. A lawyer or title company should do it for about $100-200 dollars. You can do it yourself as well.
Get a consultation with a real property lawyer. It will be worth the money. Try and make sure the lawyer has experience with partition sales. See if the lawyer suggests asking him for rent for your potion of the property.
A partition sale is very expensive to prosecute. I have actually been through a partition lawsuit. Does your brother have the money to do this? It sounds like he is bullying you more than anything. Don’t let feelings and fear override commen sense and your rights.
Do not accept arbitration. Consider mediation only if you are using a lawyer with experience in this area.
A court will take into the account that he has been living there for free and not paying rent and make things fair to you. Tell him you are considering a partition sale
The other option is to have the property appraised and sell your portion to him at a fair price. Tell him you are considering a partition sale (if you can afford and it suits your needs). He won’t like that because he will have to leave the property, as will your mom.
Research and read up on partion sales and youbwill feel much more comfortable dealing with him. Good luck!
Is it possible that your mom or brother know somebody that works at that lawyers office? Lawyers don’t make multiple phone calls when they’re trying to reach somebody to discuss a legal matter. At a minimum any phone call would be followed up by a written correspondence. Based on the facts presented in your post, the only claim your mom or brother may have against you is for a partition sale.
When you own a house jointly, all expenses need to be broken into 2 categories: living expenses and maintaining the property.
Real estate taxes are required no matter if the property is vacant or lived in. This as a bill would be divided based on ownership percentage between all owners.
Utilities would be based on use of who is living there.
A new roof would be divided by owners.
Cleaning carpets-responsibility of inhabitants.
So lay out all expenses since your father died in this manner. Your brother’s share of the non-living expenses would increase to 2/5 based upon when your sister signed her share over. Was that recorded? If not it may be invalid. Your sister could also show any proof she has such as texts proving threats for your brother’s enrichment which would invalidate what she signed. Require receipts and Proof of payment for all expenses.
No arrangement should be made until you have 3 third party appraisals. Not mom or brother’s friends.
How a deed is written overwrites a will. So look at how the deed is written. Does it say joint tenants in common (which means everyone has an equal share) or just tenants in common (which means your share is equal to what you put in and will change if one party invests more than the others.
Does the deed use right of survivorship ship? Which means that if any of the named parties die that the balance of those named on the deed inherit.
Or the phrase transfer on death which is another way to transfer property on a deed but outside of a will or probate.
What is in a deed takes priority over a will. So if the deed says joint tenants in common or has a transfer on death clause and then your mother writes a will leaving her share to your brother, the deed will carry. The Will cannot give away something that the person doesn’t own after death.
If brother is living there free and he is pushing to do this prior to your mother’s death my question is why mess with a good thing unless he knows that her share will be distributed based on the deed.
Who was your father’s executor and who will be your mother’s?
Not an attorney. School of hard knocks.
I’m in social services and you need to call adult protective services. Tell them your mother’s health history, the issues with the brother living there rent free for years and that he’s trying to manipulate her into getting the house. Give them as much info as possible. That way they know she’s considered a vulnerable adult due to her diagnosis and will check it out to investigate.
They can force a partition sale. That has a lot of regulated rules. Study up on partition sale and see if you are comfortable with the possible outcomes.
I would notify adult protective services. This sounds like your brother may be committing elder abuse by coercing your mom to relinquish her largest asset to him. His behavior towards you and your sister is enough proof to be concerned.
It sounds like your father knew your brother would manipulate your mother. He probably put you all on title so that your brother couldn’t sell the home and make your mother homeless.
Are you sure you are receiving calls from an actually lawyer?
The ones owing rent would be the ones living there. Let her sue and countersue for the same thing, but on both of them each For total amount. If the house is not that meaningful to you, you could end up forcing them to pay the real value of your share of the house. Also , look into adding your sister on your side for being coerced to sign away her property. Almost sounds fraudulent. No contact is a better situation with your brother. What’s the risk of disinheriting? If the house is the biggest part, get your share bought at market price and be done with it.
I’m not a lawyer but a real estate investor. It sounds like they are suing you for quiet title? Technically that’s a little bit different because they’re suing the property, but the point is to get people to show up in court and argue their interested in the property or they will lose it.
You probably need to retain an attorney, but you should look into your rights to a partition sale. Basically you can force the sale of the property even as a minority owner. In all probability your relatives don’t want this to happen so you can force them to make you a fair offer. my guess is after they realize you know this is an option and you have a lawyer representing you they will become easier to deal with.
This is not the time to panic. Assuming there was fraud or other malicious action to get you ONTO the deed, I can’t imagine they have any avenues to remove you without your consent.
And the lawyer… Probably isnt real. Unless your mom has significant assets (which, from the post, sounds like multiple houses on the property? So maybe) no lawyer would be interested in this. Definitely not a case they’d be taking on contingency, unless theres serious missing facts or she’s seriously misled them.
Further, a lawyer doesn’t have to convince you they’re going to take action. They can just take action. Doesnt need your input at all. If you’re served, move forward from there, but its more than likely that they’re just blowing smoke.
NAL
Have a consultation with an attorney, usually they’ll do the first for free. This way you will be ready.
* Do not allow them to bully you. The threat of no contact? Tell them to “F” off then.
* Put a $$ number in your head, that would make you give up your share. It can be an FU number, but have one. This is the only number you will settle for.
* Remember YOU can go to court and they might force a partition sale too.
* Well known attorney/High profile = a lot of money. I am smelling a bluff.
* Regardless, you need to protect your ownership share of the property.
* Lawyer up dude. From here on out any comms direct them to your attorney.
Sounds like your brother is manipulating your Mom.
No lawyer will call you – that is likely a scam or friend pretending to be a lawyer.
Stand your ground.
NAL, but if your mother is already threatening to disinherit you over this and you feel like your brother is behind it, might want to prepare for the idea that she’s already going to do that regardless of what you do
This is how my brother acted when it became apparent my mother was near death and he wasn’t going to live rent-free anymore because he would have to sell the house to distribute my inheritance. Our situation was a bit different but you do not have to sign a quit claim at all. No, you are not legally obligated to.
You may need your own attorney here (which is not me or anyone else here)
I’d guess your attorney would recommend you threaten to bring an action for partition. That kind of lawsuit would force them to buy you out for a reasonable price, or force the sale of the house and division of the proceeds.
Look up the lawyers phone number and call that to confirm it is the actual lawyer calling. Don’t use a number you were called from but the one you get from the lawyers website. If it isn’t them calling you that lawyer will be very interested in knowing that someone is impersonating them.
Are you in the US? If so, you’re on the Title to the property…how, exactly?
On the Deed, please tell me it says “joint tenancy with full rights of survivorship” … Please tell me that’s it. Because, if it is: they can’t force a sale, period. Survivor takes all, unless everyone agrees otherwise.
From your mentioning of your sister, it doesn’t sound like that’s the case, but if it is, then that revocation of ownership is likely improper, unless every co-owner also agreed to it.
Let me diverge from the status quo for a little bit to say that it is possible your brother has managed to rope this attorney into this. It is very rare for lawyers in large Metropolitan areas to practice in two area as divergent as criminal law and real estate law. If, however, this is a small town like mine then it is not entirely unheard of.
But the downfall of the “small town lawyer” is that it is tough to actually be good at all these.
I still think you should double check to make sure the number isn’t being spoofed, but my point is even if he has hired this particular lawyer it doesn’t mean your case is hopeless or anything.
Mortgages require all owners named on title (deed) to be on the mortgage. Not necessarily the Note, but the names on the mortgage must match the names on the deed. They could have mortgaged in their names and then done a quitclaim to add all the other people after the mortgage (*terrible idea* to do that, there are other, much better ways to give family a right to title upon death, like in a Will).
But you cannot be “forced” do divest yourself of your right to title. They must compensate you for your portion if they want to take it. And they can’t just do it without you – this creates title faults that will be easily caught in a title abstract.
If you think your mom is being taken advantage of, try contacting Adult Protective Services and ask for help.
Seems like whoever is living on the property now owes you rent. Ask your lawyer when you talk to one.
Since your sister signed away her share, you’re entitled to a third of the market value of the house. I’d talk to a real estate lawyer about what your share would be and propose you’ll sign when they buy you out. Don’t take a penny less.
This isn’t a complete response but this is the only thing I can focus on:
How you gonna get sued for back rent when you’re technically an owner? Fcck all that noise.
Is the actual lawyer calling you or someone who says they are calling from his office? I seriously doubt any great lawyer would be making direct phone calls for a matter like this. The money involved at this stage would not be worth his time.
There’s a lot of good advice here. Most importantly, you need to speak to a real estate attorney and asap. Do not let them bully you out of your fair share. The deed is that way for a reason. Your relationship with your mother and brother are over. Don’t speak to them about the house again from this point forward. Tell them all inquiries about the house can be directed to your attorney. Next, you need to get an appraisal to see the worth of the home and land.
#1 say nothing to their attorney unless under oath #2 get your own attorney. Sign nothing. If forced write “under duress” next to your signature.
You can’t be forced to sign ever. They can force you to sell the house and divide it equitably.
Family is such a joy
I am assuming this is the USA and IANAL. You have a financial interest in the property that cannot be involuntarily removed. The court can order a partition sale (and I would likely try and force that yourself) in which case everyone benefits.
The idea that they can collect rent from you from 2019 is absurd. There is no rental agreement and you haven’t lived there. Unlike the brother….
Necessary repairs I am less certain of.
I am extremely dubious that a well know high profile lawyer known for winning has taken the case. More so if they aren’t a real estate lawyer. Even more so if they are purportedly calling you. Given the totality of the circumstances, when the “well known lawyer” next calls, confirm his phone number is xxx-xxxx (what is on the internet) so that “my lawyer can reach out to you.”
Pay for a consult with a real estate lawyer in the state where the house is located. Understand your options. A forced sale, where the brother has to compete, is most likely the way forward.
Sounds like you own a house and they are trying to gouge you for it. Don’t be like your sister 🤘🏽 they sound greedy af
I would call the law firm, confirm who they represent, then ask about as many details of the case as you can think of starting with when the house was built or when ground purchased. When your family starts getting multiple $1000 invoices for time to respond to your questions they might back down.
Get an appraisal and have them buy you out for a reasonable price. Your father didn’t leave the house to your brother, he left it to all of you. Surely he would want it handled appropriately. He made the decision, they need to abide by that and not hold it against you. Frankly, the way they are acting is disgraceful and a slight to your late father.
>My brother manipulated my sister into signing it away and she did so because he was threatening to go no contact with us if we didn’t comply.
NAL but this may be illegal and the contract might null and void since:
>What Is the Statute of Frauds, and to What Contracts Does it Apply?
>As noted above, the Statute of Frauds provides that courts will not enforce certain types of contracts unless they are in writing. The purpose of this statute is to attempt to prevent fraudulent acts.
Examples of types of contracts that are governed by the Statute of Frauds include:
>Marriage contracts;
>Contracts that will not be performed or completed within one year;
>Contracts that involve one individual’s promise to pay the debt of another individual;
>Contracts where the executor of an estate agrees to pay the debts of the estate personally;
>#Contracts involving the sale or transfer of land; and
>The sale of goods is over $500.00.
>The Statute of Frauds is governed by the Uniform Commercial Code (UCC). The UCC is a model statute that most states in the United States have adopted.
The UCC is commonly used to resolve contract disputes that involve the sale of goods. The Statute of Frauds may vary by state, but most statutes are similar to the UCC.
From: https://www.legalmatch.com/law-library/article/what-is-a-contract.html
One, get your own lawyer.
Two, stay calm. The deed is not the same as an mortgage. Who ever is on the mortgage is responsible for the money to pay back. Who’s name on a deed owns the home. But your lawyer should be able to help handle this. IF you want to get rid of your share, you can tell them they can get the house appraised twice, then by the average of the amount; they can pay you what ever percentage of the house is in your name.
Third, seek your sister to be involved. This is a grown up issue. And if your mom and brother are thieves’ like they sound, the acts they used to “coerced” her to sign over her rights could be fraud and she could get money too. Mom and brother can go to jail.
Also, I would bet this person your talking to is NOT this lawyer, but another act of fraud to scare you. You can not be forced off a deed of property. They have to buy it, which is what they want. But your not willing to either do so, or at the price their are offering.
Every bit of the rest on rent and such is just more attempts to scare you.
Seek a lawyer for sure to get advice.
Lots of great advice here I love all the smart people on Reddit
A high profile lawyer is NOT going to go after you. It would be a waste of his time and resources. You’re getting played get yourself a lawyer and end it.
No lawyer is ever going to be able to convince a court to compel you to simply sign away your ownership rights…no matter how good of an attorney he or she thinks they are. That said, I think if my family were doing that to me…I wouldn’t respond to the attorney. I’d simply get my own attorney and instruct him or her to immediately file a demand for rent from them. Then, I’d instruct my attorney to let the other attorney know the only way I’m going to settle is if the house is listed for sale at fair market value, then sell it and take my cut. Since they’re living there and you’re not…you are entitled to the benefit your portion of its rental value…which in today’s economy is a lot of money.
Definitely consult a lawyer. Also a realtor, find how how much the house is worth. Maybe it would be worth selling your share and just washing your hands of all of them.
They could buy you out. 1/3 of the value.
So your brother has his own house but wants the family house too? He is a jerk.