legal help

[mnrose]

Curious first post, but assuming it's legit, the OP needs to consult with an attorney. Estate laws vary considerably state by state, and unless one of the posters here happens to be an attorney specializing in estate law in her state AND is willing to give free legal advice (which is worth exactly what OP is paying for it...LOL), we can't help.

An attorney who does trust and estate work CAN help.

Get a lawyer.

 

[Goofy_Disney_Dad]

I'd imagine it's a "first post" of a long time member with a new name. With all the people who like to review, evaluate and investigate members here through their posting history, I really can't blame them if this is the case.

 

[cabanafrau]

Definitely need to consult an attorney. Have the attorney review grandpa's estate situation, as well as the mother's. Would not be surprised to find there are no wills, merely verbal understanding of what the deceased's estate planning was. Much will likely hinge on how grandpa's house was titled and how mom's stock was listed as far as ownership. The ship may have sailed on mom's stock. At the minimum you need to start pulling together every scrap of documentation you have about what was spent by you to improve the home. You can claim to have been the ones to have done work or put money into improvements, without documentation you have no proof.

 

[SMD]

I always thought that in a situation like this you would get the house appraised and pay the sibling his portion and the house would be yours.

Example.....house appraises for $100,000 - you pay sibling $50,000 and the house is yours (granted it's not just that easy, there are other things involved)

I would definitely get a lawyer and start asking questions - good luck!!!

When my grandma died one sibling insisted on a price that was way more than the house was worth. An agreement couldn't be reached so the house was sold for much less than the price they insisted on. In addition, after the house was in escrow the buyers got an estimate for a new roof and that sibling offered them some money even though our agent said we were past that point and didn't need to. I would love to be living in that house now, but I also think that it would have been a constant issue if the value went up, or if there was rental income in the years before any family moved in or basically anything having to do with the fact that one sibling owns the house and the others no longer have a claim to it.

 

[tracid]

My MIL died and left her house evenly to her 4 sons, one of whom was living there and had little money. We think that she intended the rest of the brothers to just subsidize the one brother's existence - let him stay there for free even though he owned only 1/4 of the house. But the other brothers did not see it that way. They wanted the cash from the value of the house. Maybe it sounds kind of harsh to you, but it is their money and they had a right to it. The house was sold and the brother who was living in it was given his 1/4 share and moved into an apartment.

The executor does not have the ability to do whatever he wants with the house, he has to follow the law. But he does have a duty to divide the assets and the only way to divide the value of a house is to sell it. He also has the responsibility to take care of assets in a responsible manner. If you are living in the house which is owned by the estate, you should be paying rent to the estate. If you have the money to buy it from the estate, then you should make an offer to do so, but if you can't, then its probably going to be sold. He probably wants you out so he can prepare the house for sale. Maybe you can offer to pay the estate rent until the sale goes through so that you don't have to move right away.

Oops, just saw your last note that the brother wants to rent it out. This sounds like a temporary thing, but can't you just rent it from the estate? Why do you need to get out so he can rent it to someone else?

That's the thing, he only wants to rent it out to another family. The house is old and already paid for . He doesn't want to sell it.

 

[undertheradar]

I'd be looking for a new place to live, as this situation is obviously going to get ugly.

 

[StitchesGr8Fan]

I have a feeling that your DH is going to be out the money he put in to the house since the grandfather didn't write into the will that DH would get that money back when the house was sold. I would think that if the will splits the estate, including the house equally among family members that your DH would have a claim to a portion of the rent if the house was rented. But like others have said, get a lawyer.

 

[Goofy_Disney_Dad]

If he died without a will explaining his wishes, it means he died intestate, or without a will. There are particular state laws that explain the process of how such an estate would be handled. You really need to see an attorney for guidance on this issue as there are many, many possible issues at play here. Such an estate can't be processed on the whims of the executor as there are specific guidelines that must be followed. This intestate process is generally monitored by the court so I'm not sure how he/you got into such a situation. He needs to see someone who will be able to provide proper representation.

 

[NewRVLady]

When I moved in we put $12,000 in to get it up for selling and livable condition. Our plans were to continue to pay taxes , take care of yard and house until sold. The older brother does not want to sell .

He wants to rent for his own benefit.

well he cant do that
if it is rented-the rent would be divided equally amongst the 4 siblings
is there a lawyer handling the estate?
get a lawyer

 

[LilyWDW]

Get a lawyer. No one here will be able to really help you. The will (or lack there of), the specific state laws, and a number of other variables will dictate the rights and responsibilities in this case. Only an estate lawyer, in your specific state with full access to any documentation, can help you.

 

[tracid]

If he died without a will explaining his wishes, it means he died intestate, or without a will. There are particular state laws that explain the process of how such an estate would be handled. You really need to see an attorney for guidance on this issue as there are many, many possible issues at play here. Such an estate can't be processed on the whims of the executor as there are specific guidelines that must be followed. This intestate process is generally monitored by the court so I'm not sure how he/you got into such a situation. He needs to see someone who will be able to provide proper representation.

The will was that the estate be spkut between surviving children, both his mom and uncle passed.

 

[The Mystery Machine]

So, my husband has lived in our house since birth. His grandfather passed. The will was not specific so it is to be evenly distributed. His older brother told us that he's kicking us out. He is the executor. Does he have any legal ground to throw us out.

Yes, it is not your house. Whatever agreement you had with the grandfather is over. The house now belongs to the estate.

My BIL went through this with the sister that lived in the house with the their mother that passed in IL. There are some hoops he will have to jump through to get you out but it is pretty short time wise unless you drag it out.

You can buy the house from the estate if you want the house. Bottom line that is your only recourse. Get yourself to a bank and get a pre qual loan to buy it. Hire a lawyer as well and then come after the brother with the offer.

 

[okeydokey]

You will not be able to solve this problem without hiring a lawyer of your own. Or have the 4 brothers retain legal counsel together to handle the estate if the 4 can agree on that.

 

[mom2rtk]

That's the thing, he only wants to rent it out to another family. The house is old and already paid for . He doesn't want to sell it.

Nothing personal since I don't know you, but sometimes family members are the worst renters. If rent falls behind, it could get complicated trying to get them to catch up.

 

[mom2rtk]

I have a feeling that your DH is going to be out the money he put in to the house since the grandfather didn't write into the will that DH would get that money back when the house was sold. I would think that if the will splits the estate, including the house equally among family members that your DH would have a claim to a portion of the rent if the house was rented. But like others have said, get a lawyer.

The other heirs are probably looking at that money spent as being in lieu of rent while they lived there.