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88sunflower · May 11, 2010, 10:40 AM

We do have an attorney working with us but you have mentioned some things that we asked about. I try to come up with things my brothers haven't thought of because they are so frazzled with it all. Like confirming he has rights to be on the property. We had an idea but we weren't 100% sure until we got in to the attorney.
Thank you so much.

cdad · May 11, 2010, 10:48 AM

Life lease? Sorry doesn't work that way. That would be something else entirely. Have you seen the document? Ask her for it and if its not produced then proceed in good faith with the eviction.

88sunflower · May 11, 2010, 10:53 AM

Originally Posted by califdadof3

Life lease? Sorry doesnt work that way. That would be something else entirely. Have you seen the document? Ask her for it and if its not produced then proceed in good faith with the eviction.

Well I think it can work that way but I am not sure how. I know in my step fathers will he has life lease on his house for my mom. She must have had my dad sign the papers for it. That's one area I am not sure of and only recently have ever heard of actually. I can't see how she can say there if we are selling it on my fathers behalf. My guess is she cant.

cdad · May 11, 2010, 12:00 PM

A lease by its legal nature is a renewable contract. So maybe its another name for it. But Ive never heard that term before. Either way you need ( your brother needs) to see the actual documents concerning this. And if she refuses then you can take it to court. And if its in court it can be contested.

88sunflower · May 11, 2010, 04:16 PM

Well at this point as of this afternoon we had sent a real estate agent down to put the house on the market. She supposedly has it sold but the purchase agreement was only wrote and signed in my fathers name by her. There is no time limit and the buyer never signed. So we are putting it on the market. She kicked the agent off the lawn and then called the real estate office and screamed at the first person that answered the phone. My brother then went down with the real estate agent to put the sign up. How they made out I am not sure quite yet but I wouldn't be surprised if she called the cops. There is no doubt in my mind she is furious she lost her power as POA. I am positive she had alterer motives still and wasn't done. Especially since she is claiming the house is sold to her son in law or someone of the sort. Interesting. At the same time she is telling us he rented it and someone is moving in within 30 days. Not possible. That house will be sold and the money goes to my father for his new home.

I will mention tonight about seeing something stating she has life lease. But it was her lawyer that called our lawyer. So there must some something accurate about it.

stinawords · May 11, 2010, 04:21 PM

I must wish your brother (and you) good luck on this. These matters can be long and drawn out and emotionally draining. However, as has been said over and over he has POA so he can put the house up for sale. He may want to get the signs and put them up himself to save the agent some trouble of having the police called every time they attempt to do something. He will also need to be present when pictures and what not are taken to use in selling the house. Again, he needs to carry the POA papers with him to ease that trouble too.

cdad · May 11, 2010, 04:26 PM

You need to get a copy of the offer that is on the table. And either make it real or make it disappear. If there is no time limit on it then it could be taken to court and nullified as it wasn't in the best interest of the estate to write such a contract. You need a clear road for the new buyer.

88sunflower · May 11, 2010, 04:29 PM

Thank you for the well wishes. Its so emotionally draining because for nearly two decades this woman has sat at our dinner tables and been to our family holidays. All the time smiling knowing what she was doing to him.

That's a good idea about him putting the signs up himself and I will tell him that. I help with him as much as I can from a distance. As soon as we get it settled a bit we will have to split the financial burden of it. Because of things she has done he can't afford the home he is in 100% but we refuse to put him some place else.

I guess part of this is venting for me but at the same time like I have mentioned earlier I am getting ideas that help lead to other ideas and its been good. One example is venting to a friend and she mentioned running a credit report on my dad. Bingo! We found a lot of information that should not have been on there. That's another issue. We are in the process of getting back statements on all tlhese credit cards.

88sunflower · May 11, 2010, 04:30 PM

Originally Posted by califdadof3

You need to get a copy of the offer that is on the table. And either make it real or make it disappear. If there is no time limit on it then it could be taken to court and nullified as it wasnt in the best interest of the estate to write such a contract. You need a clear road for the new buyer.

The buyer never signed it. There is no date or time limit on the contract. How can it be legal?

cdad · May 11, 2010, 04:32 PM

Also be sure if you don't have one to invest in a camera and take pictures of everything including if a sign is hung in the yard.

cdad · May 11, 2010, 04:34 PM

Originally Posted by 88sunflower

The buyer never signed it. There is no date or time limit on the contract. How can it be legal?

That is why you need a copy of the contract. Since its not signed its not a legitimate offer no matter who's other signature is on it. But you have to be sure. That is all Im saying. Your in a dot the I's and cross the T's mode. And we are all here to help.

88sunflower · May 11, 2010, 05:04 PM

Originally Posted by califdadof3

Also be sure if you dont have one to invest in a camera and take pictures of everything including if a sign is hung in the yard.

I never thought of pictures. That's an idea for sure. I may mention that and see what they think.

Originally Posted by califdadof3

That is why you need a copy of the contract. Since its not signed its not a legitimate offer no matter who's other signature is on it. But you have to be sure. That is all Im saying. Your in a dot the I's and cross the T's mode. And we are all here to help.

I guess I forgot to mention we do have copies of the contract. Sorry. When I say the information missing on it I guess I was forgetting to say we know this because we have copies of it. We requested copies when we were there last but I just decided to take it and I left my brothers and I made several copies.

stinawords · May 11, 2010, 08:30 PM

So, the contract does not have a date even as to when it was drawn up? That is one of the most important things in a contract. Does her brother (or whomever) have a signed copy of the contract? The other thing is that if he has to go into a nursing home type of place (that gets some government funding) it is possible for them to take over the house as well. I know in my state a person living in a nursing home can not will their prior home to someone unless their entire bill is taken care of otherwise the home is able to sell it to recover costs. In my state it goes back 10 years that the house is unable to be given away. Selling it of course is different but that is just something to keep in mind.

88sunflower · May 12, 2010, 06:05 AM

Well he is already placed in a private assisted living home. His income covers about 90% of it. We are covering the rest of the costs out our pocket by our choice. He is happy there and we intend on keeping him there no matter what the cost.

I am not sure if the other party has a copy of this contract. Her own lawyer is even having issues with this so called purchase agreement. Both lawyers working on this agreed its not legal.

Last night we officially put the house on the market. They went and put the signs on the lawn. She refused to let them in for photos and she threatened to call the cops. But for once we were one step ahead of her. They alerted the sherrif they were going there and what exactly was going on. The sherrif also said even though he had his POA papers they can't for entry. Which I don't understand.

As far as this lease. The lawyer miscommunicated and its not a life lease. She does have a signed lease from March 1, 2009 and it expired March 1, 2010. At this point a new lease has not been produced.