[Terri Diegel]

Hi, My mother in law had my husband and his sister on her deed for many years to protect her assets from all her divorces. She told my husband she wanted to take them off the deed and make out a will. He did so and found out when he left the notary's office... the mom had another quit claim deed putting the daughter right back on. My husband found out and was very upset, to top it off.. the will stated giving a portion of the assets to the daughters kid. We have 2 kids but they are not his, but I feel its still not fair. We bought property from his mom that she already deeded over to us and we decided to stop paying her until she put his name back on the deed like it was. She is refusing to put his name back on the deed and said she was taking the daughter off too. She said she would make out a trust. My question is... how would a trust be made to make sure everything would be equal? Can she add names to the trust? Can she add the sister back to the deed or does the trust over ride the deed? And do you blame us for not paying the land payment to her after all of this?
Thanks so much

[Fr_Chuck]

You all need an attorney, the trust only controls the property that goes into it. The proerty would have to be in the trust name, as long as the deed has the daughters name on it, she will own it

[rockinmommy]

Is the property in question solely hers? How did she come by it? If it is her property she can do whatever she wants with it, leave it to whomever she wants, etc. You're right - it doesn't sound "fair", but I think legally she can do what she wants.

As far as not paying her, I realize that you're trying to make a statement, but unless there's more to the story, it would be two separate issues. If you don't pay your note payments she would be able to foreclose, etc. The fact that you're withholding payment because of the deed issues with the other deal won't give you any kind of relief from your obligation to pay that.

Please don't take this the wrong way - I mean it genuinely - not trying to be a smart a$$ or anything...
It sounds more like an issue for a family therapist than a lawyer or judge. There are obviously deeper issues - a lot of history I'm guessing - to cause all of this to go on. Or she's not of sound mind.

Best of luck
Karla

[Terri Diegel]

You definitely hit the nail on the head... there is a lot of history in this family. There is a lot of animosity between my husband and his sister so he wants to protect himself from any unfairness she can cause when his mom dies. The mom owns the home free and clear... he told her to take the sister off the deed and put the home in an irrevocable trust splitting everything equally and then he would continue the land payments once again. She deeded the land over to us along time ago, so legally there is nothing she can do as far as sueing us for payment. I think we're getting close to resolution for the property stuff but this has definitely distanced his relationship with his mother. She initially wanted his name off the deed of fear I may get a portion of it if he were to die. This is the craziest mixed up family I have ever known... pray for my sanity!
Thank you

[ScottGem]

Frankly, I think mom has the right to distribute her property anyway she wants to. Unless there is undue influence being placed on here she should be allowed to do what she wants with the property. Your withholding payments for land you bought from her is blackmail and illegal. That would be considered undue influence. I can understand you may think it unfair for your kids to be left out in the cold, but they aren't mom's blood kin and she can feel that way if she wants to. Sounds to me like your husband may be a bigger problem then your sis-in-law. Or is it you egging on your husband?

[Terri Diegel]

Yes, your right in a normal situation... but there is influence from the sister and always has been. It really goes way back...
Thanks for your honesty