Ask Me Help Desk

Ask Me Help Desk (https://www.askmehelpdesk.com/forum.php)
-   Family Law (https://www.askmehelpdesk.com/forumdisplay.php?f=120)
-   -   Who gets the house? (https://www.askmehelpdesk.com/showthread.php?t=51855)

  • Jan 2, 2007, 04:45 PM
    alambrose
    Who gets the house?
    Note: I am in the son-in-law, trying to obtain information for my distraught mother -in-law.

    Here is the situation:

    My mother-in-law (Ethel) lives on xxxx Street in Philadelphia, PA. Ethel's mother, and Ethel's mother's two sisters (Ethel's aunts, Edna & Edith), all lived nearby on the same street.

    The home is owned & paid in full, by one of the aunts (Edna); Edna was never married, and is childless.

    Edna told Ethel that if she (Edna) were to pass away, ownership of the home would pass to Ethel.

    When Ethel's mother passed away, Edna again declared to Ethel that she (Ethel), would inherit the house and even gave to Ethel the original deed for safekeeping, although no legal transfer of ownership took place at that time.

    The two remaining aunts (Edna the homeowner and her sister Edith) continued to live in the house. Edith has a daughter (Eleanor), and around 6-7yrs ago, Edna declared in the presence of Eleanor & Ethel, that upon her (Edna's) passing, Ethel would receive the property and Eleanor would receive whatever savings she (Edna) had remaining.

    Soon thereafter Edith became infirm, and move in with her daughter Eleanor. Not long after this, Edna's health began failing, and Edna was forced to move in with Eleanor as well.

    This brings us to present day. Both aunts are in failing health (ages mid-90's), and living with Eleanor, and Eleanor's husband. Edna has about $100k in savings. Edna's property is valued around $130k.

    Ethel has is in the process of selling her home on xxxx Street, has a buyer, and is actively seeking an affordable place to live. Xxxx Street has become too crime ridden & drug infested.

    Ethel mentioned to Eleanor that she might move into Aunt Edna's home down the street, in the interim, while she continues to look for a home.

    Eleanor told Ethel not to move into the house, and that she was taking the house as compensation for the care she is providing for Edna.

    At this time we do not know if Eleanor has power-of-attorney over Edna, although we believe she does. We believe that Edna (under duress) may have been told to sign papers that were thrust in front of her, giving Eleanor POA... maybe even alteration of the will or possibly transfer of the property.

    Ethel still has the actual deed to the property, and the keys to the home... Where do we go from here?

    Eleanor was certainly kind to take in her mother, and her aunt... but she has already been promised Aunt Edna's savings. It appears she is abusing her position as POA to cut Ethel out of Edna's will, and take everything... which is not in line with Edna's wishes.

    This is a difficult situation as Edna is still alive, dependent upon (and easily manipualted by) Eleanor. Any suggestions?
  • Jan 2, 2007, 04:58 PM
    shenda
    Quote:

    Originally Posted by alambrose
    Note: I am in the son-in-law, trying to obtain information for my distraught mother -in-law.

    Here is the situation:

    My mother-in-law (Ethel) lives on xxxx Street in Philadelphia, PA. Ethel's mother, and Ethel's mother's two sisters (Ethel's aunts, Edna & Edith), all lived nearby on the same street.

    The home is owned & paid in full, by one of the aunts (Edna); Edna was never married, and is childless.

    Edna told Ethel that if she (Edna) were to pass away, ownership of the home would pass to Ethel.

    When Ethel's mother passed away, Edna again declared to Ethel that she (Ethel), would inherit the house and even gave to Ethel the original deed for safekeeping, although no legal transfer of ownership took place at that time.

    The two remaining aunts (Edna the homeowner and her sister Edith) continued to live in the house. Edith has a daughter (Eleanor), and around 6-7yrs ago, Edna declared in the presence of Eleanor & Ethel, that upon her (Edna's) passing, Ethel would receive the property and Eleanor would receive whatever savings she (Edna) had remaining.

    Soon thereafter Edith became infirm, and move in with her daughter Eleanor. Not long after this, Edna's health began failing, and Edna was forced to move in with Eleanor as well.

    This brings us to present day. Both aunts are in failing health (ages mid-90's), and living with Eleanor, and Eleanor's husband. Edna has about $100k in savings. Edna's property is valued around $130k.

    Ethel has is in the process of selling her home on xxxx Street, has a buyer, and is actively seeking an affordable place to live. xxxx Street has become too crime ridden & drug infested.

    Ethel mentioned to Eleanor that she might move into Aunt Edna's home down the street, in the interim, while she continues to look for a home.

    Eleanor told Ethel not to move into the house, and that she was taking the house as compensation for the care she is providing for Edna.

    At this time we do not know if Eleanor has power-of-attorney over Edna, although we believe she does. We believe that Edna (under duress) may have been told to sign papers that were thrust in front of her, giving Eleanor POA... maybe even alteration of the will or possibly transfer of the property.

    Ethel still has the actual deed to the property, and the keys to the home... Where do we go from here?

    Eleanor was certainly kind to take in her mother, and her aunt... but she has already been promised Aunt Edna's savings. It appears she is abusing her position as POA to cut Ethel out of Edna's will, and take everything... which is not in line with Edna's wishes.

    This is a difficult situation as Edna is still alive, dependent upon (and easily manipualted by) Eleanor. Any suggestions?

    Does Edna have a Will, be it a Living Will or a Last Will & Testament, the answer to this question will highlight your next steps to take... if a will exist... then whatsoever is outlined shall be the portion executed; hoever, if no will exist, it is vital to have this house agreement between the Ethel and Edna witnesses and notarized... make sure all property taxes are up to date

  • All times are GMT -7. The time now is 03:47 PM.