Hello,

A few years back my Grandfather and Grandmother passed away and asked for their property and home be left to me because they only had three grandchildren, me being the youngest and they had already secured a home for the other two. At the time I was 17 and about to graduate. My parents had my Grandfather put my Father on the title to ease the transfer since my Father was their only child.

Well my Father and Mother decided to put me in survivorship until I showed that I was responsible enough to receive said property. After a few months they decided on Survivorship instead of jointly on the title. Basically when my Father dies I get the property, which is NOTHING to look forward to.

I have lived in the house and paid full house insurance, all property tax, and all utilities for 6 years. Over that 6 years we have put $20,000.00 in materials into fixing up the house. That does not include labor due to the fact my husband is a skilled contractor who once owned his own carpentry business.

This is getting long so I will try my best to clear this all up. There is NO mortgage one the home or property. But recently my Father lost his job and I think they are headed towards bankruptcy. Do I have anyrights?

I hate the thought of my parents going through this, but when my Mother went to file for SS she was denied to having to many assets, and still after $20,000.00 and the wolf at the door they will not see that it MAY be best to sign over the property.

Sometimes I cannot help to feel that since I was a minor at the time I may have been entitled to more. I pray that my parents get this worked out for their sake and for my families sake as well.

What are my rights... or do I have none if they file for bankruptcy. If they sign it over now and a few moths down the road file... could they come back and take the property?

Thank You,
CJG

Hello CJG:

I'd hire me a lawyer.

excon

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Originally Posted by excon

Hello CJG:

I'd hire me a lawyer.

excon

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Out of greenies - only an Attorney can straighten this out and the sooner the better.

A short update... I have been told a few times it is in survivorship and then a few times it is "payable upon death."

The current state my parents are in leaves me to believe it is just a hsort while until the stuff hits the fan financially.

Any further insight into what I am looking at would be greatly appreciated. I love my Parents dearly, but I have two small children, and I have invested a great deal of time and money into making this a safe and comfortable home for them to grow up in, not to mention I wanted to perserve my grandparents memory.

Would my parents have documents from the lawyer that states the state of the property or would they only be on file within the law office?

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Originally Posted by gamblehouse2003

A short update... I have been told a few times it is in survivorship and then a few times it is "payable upon death."

The current state my parents are in leaves me to beleive it is just a hsort while until the stuff hits the fan financially.

Any further insight into what I am looking at would be greatly appreciated. I love my Parents dearly, but I have two small children, and I have invested a great deal of time and money into making this a safe and comfortable home for them to grow up in, not to mention I wanted to perserve my grandparents memory.

Would my parents have documents from the lawyer that states the state of the property or would they only be on file within the law office?

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There is no way of knowing what paperwork your parents do or do not have. In theory they should have been provided with documentation. In fact? Who knows or, if they were, did they keep it.

Again - the time to address this is now, not after they file, not later. If for whatever reason the property can be tapped in their bankruptcy the time to argue that and/or attempt to pull the property out is now.

Who pays the taxes and insurance?

You can always go to the local property assessor or County Clerk and ask for a copy of the Deed but I don't know if the language on the Deed will answer your question.

Have you asked your parents about their intentions as well as ownership of the property? I'm a little bit lost why it's still in their names if it was intended to go to you.

Well my husband and I have been married for 6 years, and they fear that if we ever get divorced due to Ohio being a joint community state that he would take the family home. So they feel that they are better off keeping it in their name.

I understand their intentions but it is a big smack in the face.

I have paid all the property taxes and all the house insurance for the entire time I have occupied the home. I had my husband figure the labor on what the remodel of the home would be and most contractors charge the cost of labor and 10% so it would be abot $22,000.00 in labor and it is now at $20,000.00 in materials with next year having a bathroom remodel costing about $3,000.00 which is not figured in, nor does that include labor.

So about $42,000.00 in work over 6 years still hasn't proven ourselves. What am I left to do. Set back and watch my parents go into financial ruins and take my family with them?

This is crazy!

Went to county auditors web site and the last assessment on the home has raised it quit a bit since we began the remodel. On another note my parents have not put a single penny into the home in 6 years... not a single penny...

Another thing they will not do is inform them that there is no longer a wood stove and chimneys nor will they inform them that we have central air now... all of which will raise the property value... thus raising the wmount of insurance on the home...

Hello again CJG:

You know, we get questions like yours all the time. The ones from people who just want an explanation of the law...

But, understanding what the law IS, and DOING something about it, are WAAAAY different things.

You keep wanting to know what's so. What we're telling you, is that you can get a double whammy for your buck, if you hire a lawyer who can answer your questions accurately because he knows the situation (whereas we don't), but MOST importantly, can DO SOMETHING ABOUT IT.

excon

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Originally Posted by gamblehouse2003

Well my husband and I have been married for 6 years, and they fear that if we ever get divorced due to Ohio being a joint community state that he would take the family home. So they feel that they are better off keeping it in their name.

I understand their intentions but it is a big smack in the face.

I have paid all the property taxes and all the house insurance for the entire time I have occupied the home. I had my husband figure the labor on what the remodel of the home would be and most contractors charge the cost of labor and 10% so it would be abot $22,000.00 in labor and it is now at $20,000.00 in materials with next year having a bathroom remodel costing about $3,000.00 which is not figured in, nor does that include labor.

So about $42,000.00 in work over 6 years still hasn't proven ourselves. What am I left to do. Set back and watch my parents go into financial ruins and take my family with them?

This is crazy!

Went to county auditors web site and the last assessment on the home has raised it quit a bit since we began the remodel. On another note my parents have not put a single penny into the home in 6 years... not a single penny....

Another thing they will not do is inform them that there is no longer a wood stove and chimneys nor will they inform them that we have central air now... all of which will raise the property value... thus raising the wmount of insurance on the home...

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None of this changes the question of who has title to the house and what will happen if your parents file in Bankruptcy. If you put money into the house willingly with no agreement for payback, no contact, you can't create/enforce a contract now.

As far as how to prove yourself to your parents, I have no idea. As far as legally what to do to protect your tail - contact an Attorney.

I agree that the first thing you need to do is determine EXACTLY how the title on the property is set up. Generally survivorship means joint tenancy with right of survivorship. These means you are an equal owner with your father and when he dies the property passes to you.

For him to be the full owner and you get it when he dies would indicate a trust being setup.

So you can't do anything without knowing the title situation.

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Originally Posted by ScottGem

I agree that the first thing you need to do is determine EXACTLY how the title on the property is set up. Generally survivorship means joint tenancy with right of survivorship. These means you are an equal owner with your father and when he dies the property passes to you.

For him to be the full owner and you get it when he dies would indicate a trust being setup.

So you can't do anything without knowing the title situation.

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Well the deed states only my father and niether my mother nor me.. so I have concluded from what they told me it is Payable Upon Death... I will first try to resolve this with them... I will now try and figure the best way to come about this... Thank you all for your help.

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Originally Posted by gamblehouse2003

Well the deed states only my father and niether my mother nor me.. so I have concluded from what they told me it is Payable Upon Death... I will first try to resolve this with them... I will now try and figure the best way to come about this.... Thank you all for your help.

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There is no such thing that I can locate as "payable upon death" when it concerns real property. It looks like the property is in your father's name only. If he DOES decide to file in Bankruptcy property cannot be legally transferred within a certain time frame so that will be the next issue if you are thinking of having it deeded over to you.

Wills, trusts and the like do not matter if you are talking bankruptcy. It appears that the property is your father's asset.

I don't understand what you meant by putting you in survivorship because of your age, nor do I understand quite how/why the property was put in your father's name. If this was by Will, it would have to be in some sort of trust. If it was outright you have a legal argument as to the intend of your Grandparents - did they give it to your father (and it is in his name) or give it to him FOR you - ?

Who pays taxes on the property - I realize you pay the insurance.

yes, grandparents did it all wrong if they wanted you to get the home, they needed to have that on the will, or add your name to the title, not your dads.

So now your dad owns the house and never has to give it to you. He can sell it, or lose it if he goes bankrupt.

You may want to try and put a lien against the home for the value of the work you did.

As indicated, the only thing that I can see "Payable on death" meaning is that your father has a will that states the property goes to you. If his name is on the only one on the deed, then he is the only owner and can do with the property as he sees fit. If he loses the property in bankruptcy you are out in the cold.

Did your grandparents leave a will? Is there any documentation that says they wanted the house to go to you? Without such you don't have a prayer of getting title unless your father voluntarily signs it over.

You might, as suggested, place a lien on the property for all the work you have done and taxes paid, etc.