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  1. #1
    Join Date
    Jul 2006
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    3

    Default One of three siblings wants to sell house

    Calif My mother quick claim deeded her house to me and my brother and sister. I live in the home. I took care of her and her live in companion. She passed away and he is still alive at 87. I still live in the house and take care of him. Eight years after the quick claim deed, my mother hand wrote a will stating that she wanted her life companion of 30 years to live in the house until he died, because he had helped her financially with the house, and that I could stay as long as I wanted. if I could afford to. He is like a father to me. Now my brother is insisting that the house be sold so he can get his third of the money. My sister and I respect the wishes and will of our mother. Do we have legal rights to stop him. Can he force us to sell the house right now?

  2. #2
    Join Date
    Jun 2006
    Location
    Practicing in Los Angeles, California
    Posts
    411

    Default Re: one of three siblings wants to sell house

    Quote Quoting ronniguitar
    Calif My mother quick claim deeded her house to me and my brother and sister. I live in the home. I took care of her and her live in companion. She passed away and he is still alive at 87. I still live in the house and take care of him. Eight years after the quick claim deed, my mother hand wrote a will stating that she wanted her life companion of 30 years to live in the house until he died, because he had helped her financially with the house, and that I could stay as long as I wanted. if I could afford to. He is like a father to me. Now my brother is insisting that the house be sold so he can get his third of the money. My sister and I respect the wishes and will of our mother. Do we have legal rights to stop him. Can he force us to sell the house right now?
    My response:

    You mother signed a "Quit" Claim Deed - - not "Quick." This means that she "quit" or "stopped" having any interest in the home. That interest ended at the time the Quit Claim Deed was recorded with the County Recorder's Office.

    Your mother, eight years later, wrote a Will giving something away that was no longer hers to "give away," that is, she had no legal interest, right, or control to bequeath the home in the Will. Therefore, that portion of her Will has no legal force or effect.

    Your brother can file a lawsuit against the rest of you for "Partition" to obtain his share, where a court will order that the house and land be sold, and the proceeds divided.

    IAAL

  3. #3

    Default Re: One of three siblings wants to sell house

    While he can file a lawsuit, it will cost him several thousand dollars to do so and take several years, especially if you contest. Is it possible for you and your sister to get a mortgage and buy him out. This will be in everybody's best interests. You need to check into what type of government assistance is available for her "companion." You are taking on a burden that is not really your responsibility and he has no rights to a "life estate" in the house.

  4. #4
    Join Date
    Jul 2006
    Posts
    3

    Default Re: One of three siblings wants to sell house

    Quote Quoting lwpat
    While he can file a lawsuit, it will cost him several thousand dollars to do so and take several years, especially if you contest. Is it possible for you and your sister to get a mortgage and buy him out. This will be in everybody's best interests. You need to check into what type of government assistance is available for her "companion." You are taking on a burden that is not really your responsibility and he has no rights to a "life estate" in the house.
    If he spends several thousand dollars, will it be taken from the house or does he have to pay?

  5. #5
    Join Date
    Jun 2006
    Location
    Practicing in Los Angeles, California
    Posts
    411

    Default Re: One of three siblings wants to sell house

    Quote Quoting ronniguitar
    If he spends several thousand dollars, will it be taken from the house or does he have to pay?

    My response:

    You're welcome. Aren't the "Social Graces" wonderful?

    IAAL

  6. #6
    Join Date
    Jul 2006
    Posts
    3

    Default Re: One of three siblings wants to sell house

    Quote Quoting IAAL
    My response:

    You're welcome. Aren't the "Social Graces" wonderful?

    IAAL
    I guess I got a little caught up in my problems. Thank you so much for your input... RG

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