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-   -   Cousin wanting her share now. (https://www.askmehelpdesk.com/showthread.php?t=173468)

  • Jan 17, 2008, 10:48 AM
    BML1535
    Cousin wanting her share now.
    I was wondering if someone might have some answers for me. It is pretty complicated because family is involved but here goes.

    My husband had an aunt who passed away March 2007. In 2003, his sisters brought this aunt to my house insisting that he help her not lose the house she has lived in for 58 yrs from when his grandfather had bought it. This aunt has a daughter who lived with her as a caregiver (rent free) along with an adult son (not working), a live-in boyfriend (not working), and two grandchildren. The house had gone into lien foreclosure by the City for code enforcement violations (stack a mile high). My husband and I agreed that we would consider making the necessary repairs to the house (since one else would) but the house would go into our names. The aunt and her daughter and her family could continue living there rent free until the aunt's passing. My accountant put together a Warranty Deed and transferred from her name to the three of us (aunt included). She said this would help to hoemstead (deferring taxes) and a homeowners policy could be taken out instead of an investment property policy. So after $20k in repairs and negotiating with the City for a lien that had reach over $85k, it got to the point that my husband was unable to go to the house to continuing making improvements without the aunt's daughter calling the police on him. So, we agreed that it would be better not to go over there.

    Now, his sister is taking the daughter to a lawyer because she wants us to pay the daughter more money or let her continue living there rent free with the rest of the squatters that come in tow. She says we stole the house and never lived up to our side of the agreement.

    Does she have any legal actions that she can use against us? The Warranty Deed states "grants With right of joint tenant and rights of survivorship, bargain, sell and transfer unto the said parts of the second part..."

    Should I have a new Warranty Deed recorded mine and my husband's names along with the aunt's death certificate? Also the daughter signed a paper stating she had no interest in inheriting the house. Should I file this in public records? Also, should I have some type of title work done to clear title to my husband and I?
  • Jan 17, 2008, 10:56 AM
    Fr_Chuck
    Yes, it all needs to be filed, but I would do it with a probate attorney.
    Also you need to give official notice to evict them, then if they are not out, file the eviction in court.

    Don't let them just stay.
  • Jan 17, 2008, 11:00 AM
    JudyKayTee
    Quote:

    Originally Posted by BML1535
    I was wondering if someone might have some answers for me. It is pretty complicated because family is involved but here goes.

    My husband had an aunt who passed away March 2007. In 2003, his sisters brought this aunt to my house insisting that he help her not lose the house she has lived in for 58 yrs from when his grandfather had bought it. This aunt has a daughter who lived with her as a caregiver (rent free) along with an adult son (not working), a live-in boyfriend (not working), and two grandchildren. The house had gone into lien foreclosure by the City for code enforcement violations (stack a mile high). My husband and I agreed that we would consider making the necessary repairs to the house (since one else would) but the house would go into our names. The aunt and her daughter and her family could continue living there rent free until the aunt's passing. My accountant put together a Warranty Deed and transferred from her name to the three of us (aunt included). She said this would help to hoemstead (deferring taxes) and a homeowners policy could be taken out instead of an investment property policy. So after $20k in repairs and negotiating with the City for a lein that had reach over $85k, it got to the point that my husband was unable to go to the house to continuing making improvements without the aunt's daughter calling the police on him. So, we agreed that it would be better not to go over there.

    Now, his sister is taking the daughter to a lawyer because she wants us to pay the daughter more money or let her continue living there rent free with the rest of the squatters that come in tow. She says we stole the house and never lived up to our side of the agreement.

    Does she have any legal actions that she can use against us? The Warranty Deed states "grants With right of joint tenant and rights of survivorship, bargain, sell and transfer unto the said parts of the second part..."

    Should I have a new Warranty Deed recorded mine and my husband's names along with the aunt's death certificate? Also the daughter signed a paper stating she had no interest in inheriting the house. Should I file this in public records? Also, should I have some type of title work done to clear title to my husband and I?

    It's Attorney time! Lots of money at stake here.
  • Jan 17, 2008, 11:16 AM
    BML1535
    They have moved out. We have just finished additional repairs totally over $50k. I really don't want to deal with an attorney. How about a Title Company? How much more might this cost us?

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