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dwhorton

Property dispute

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Since my dad passed in Aug '07, my family (on his side) is seeking action on one of the houses he owned in which my grandmother lives. The family is taking me to court, trying to get the house. Their claims 1) He (dad) did not finish paying off the house 2) he said that he promised to take care of her (grandmother) for the rest of her life, but since he isn't alive to keep that so-called promise that the house should be turned over to her.

My situation: I have all of the paperwork regarding legal rights to the house i.e. Deed/Title, which are now in my name, checking account statements with copies of the checks he made out to her, the bill of sale signed and dated by her and his Will stating everything goes to me. Also, I know that dad did not say that. He told me something totally different barely 2 weeks before he passed.

I do not see where they have a case but if anyone knows differently or could give me any kind of suggestions for me to help my attorney push this along, it would be nice. I am becoming very impatient.

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It's unclear why grandmother (or someone on her behalf, if she's incompetent) didn't address this supposed claim against father's estate when the probate case was presumably open. Even if he promised to "take care of her", gratuitous promises are not enforceable. (If she gave up something in exchange for this promise, however, that might make it enforceable.)

I gather that she loaned him money for this property? If so, if it supposedly wasn't paid for, she-they should have addressed this claim in a-the probate case. Are they asserting that you circumvented the probate process and that your deed is no good?

If you do not trust your attorney or you think he-she needs "help", you need to consult a different local attorney. I don't know what you mean by "push this along" either. If by "taking this to court" you mean someone has sued you, then that process is what it is.

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If the facts are as you state (there's no critical information missing), I don't see how this case would proceed.

Per your description, purchase was properly carried out, will was properly executed, you acquired the property through your father's will, you are the rightful owner.

It isn't clear as to how long this case has been litigated or what is preventing your attorney from putting a swift end to it.

Good luck!

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My grandmother sold the house to my father because she didn't have the money to pay the homeowners insurance or anything else involving the house. It has been in litigation for over 2 years and I feel like my attorney is just trying to get more money from me by prolonging the case. From what I hear he's one of the best attorneys around here but still doesn't make sense that the case has been going on for this long.

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