Jump to content

MichaelMyers

Members
  • Content Count

    23
  • Joined

  • Last visited

  1. Am I right in counting 7 owners of this land? First, the sister who wants to sell isn't even an owner according to you. It's up to her kids if they want to sell. Why not buy her children's share from them if they offer it? Either the four remaining owners pool money for the purchase or you can buy them out yourself. Seems to be the easiest way.
  2. I'm curious....if the father hasn't been in contact for years, how do you know that he is still low income and has no assets today?
  3. I would suggest comparing the cost of breaking the lease ($1,000) vs the value you put on your safety (priceless??). If you truly feel you are not safe, don't you think it wise to move out and break the lease? The $1,000 just might be a bargain.
  4. If the father's paternity is established, could the state seek to reclaim any assistance (food stamps & TANF) they provided to the mother from the father? If, as the OP indicates, the basis of the mother even receiving assistance was because the father was not on the birth certificate, this would seem to me to create a financial situation the father may not expect. I would be cautious and be aware of what could happen when paternity is established.
  5. Seems like an excellent idea.
  6. If your niece's name is on the title in addition to her father and stepmother, then she is a 1/3 owner of the house (why is she paying 1/2 of the mortgage?). She is more than welcome to sell her 1/3 share to her father and step-mother if they wish to buy her out. The simple fact that she is on the title gives her exactly 1/3 say in what goes on with the house. If there are disagreements, she may need to force the house to be sold through the courts to get out of this toxic situation. If your niece is also on the mortgage, she needs to be sure the mortgage gets paid so her credit does not get ruined. If she forces the sale of the home, the mortgage will be paid (if the home is not underwater) and she will be completely free from this. As for the utilities, they have no bearing on the home ownership. I would recommend against removing her name from the title if she has a financial responsibility for the mortgage. She would be giving up all her leverage otherwise.
  7. I'm not so sure this is a breach of contract...yet. If the agreement says that it will be paid back upon sale of the property, we need that event to happen (selling the property) before the terms of the contract can be enforced.
  8. Your written agreement seems clear (based on your provided summary of the agreement). You cannot expect any repayment until there is a sale of the property. Since it says you would get your investment back, that should get you the $52,000 regardless of what she sells it for (even $1, since your agreement says you get your investment - $52,000 - back). The second portion of your agreement says "plus a share of the profit from sale proportionate to my percentage of the cost to purchase and renovate." You can safely assume this portion will be $0, as there likely won't be any profit. Once the property sells, pursue legal action.
  9. What does "on paper" mean? What paper? The title? The car loan contract? To be the car owner, your name has to be on the car title. There is no "co-signer" on a title. Is your name on the title? I'm curious - how could you expect her to refinance the car under her name if she couldn't buy the car under her name to begin with? I must be missing something. If you don't even know what the car looks like, how can you return it to the dealership? And why would the dealership want it back? They already sold it. In any event, if you signed the loan documents, you have an obligation to repay the loan. If your name is on the car title, report it stolen. Hopefully you can get it back, see it for the first/only time, and let the loan company repossess it. Then you can make up any shortage that the loan company is out.
  10. I am sorry for the situation you are going through with your mother. While we cannot know what your mother's intention with the house were, it is clear that action is required now while she is still alive. Her will is 100% meaningless at this moment, as it is a tool for use to handle her probate estate after she dies and not before. You have a power of attorney that requires you to act in her best interest. If the house has equity and that equity is in danger of being lost by inaction, then it needs to be dealt with immediately to salvage that value for use to her benefit. Of course, you can choose to do nothing and let the foreclosure proceed. When it comes time to execute the will, there simply won't be a house for your brother to inherit. That portion of the will would simply not be executed.
  11. You have to consider what property tax exemptions the parent qualified for and had on the property vs what the child would qualify for. For example, in Illinois, if you are over 65, you can apply for a Senior Citizen Assessment Freeze, which will provide a ceiling on the county-assessed value of the house. If the house is transferred and titled in the child's name, the child may not qualify for the Freeze (if under 65) and will have the assessment properly adjusted.
  12. While I can't tell you what to expect for your husband, I would suggest speaking with an attorney. Another lesson that one should NEVER consent to a search! As you can see, nothing good can come of it. You thought you had nothing to hide.
  13. It all depends on how the house is titled. Since you are paying rent, it doesn't sound like your name is on the title. If her name is the only one on the title, the house will likely be a part of her estate and will need to be probated according to her will or Florida's intestate laws. Paying rent does not allow for ownership. It doesn't matter how much you put down or how much rent you paid, the home would be 100% hers. However, if your name is on the title with her, then you have a 50% ownership interest (outside any legal document detailing otherwise). Typically, home ownership with multiple people is classified in one of two ways: Tenancy in Common or Joint Tenancy. If the title was prepared as "Tenancy in Common" (it will default to this if there is nothing else on the title to indicate otherwise), the half owned by your mother will typically fall into your mother's estate which then has to be handled through probate. Her heirs would receive her share accoring to her will or Florida's intestate laws if she has no will. You would keep your half. Of course, this route would almost ensure you would have to sell the house to satisfy her other heirs. If the title was prepared as "Joint Tenancy," then there is a right of survivorship. This means that when your mother dies, the house automatically becomes 100% yours outside of her estate. Since your mother is still living, you need to have this conversation with her NOW. If she wants you to have the house after she dies, she can include that in her will or make sure the title has your name on it with Joint Tenancy.
×
×
  • Create New...