Trying to Sort This Out

fureverywhere

fureverywhere

beloved friend who will always be with us in spiri
Location
Northern NJ, USA
Okay presenting the facts...
About ten years ago my husband was taking care of his father. It was a combination of Parkinson's and assorted other ills. But his Dad had a bed and commode on the first floor, he couldn't climb steps anymore.

Hubby's brother called from VA and said he wanted to visit with Dad so bring him over for a few weeks.

The following week his brother had transferred his father's finances to VA.

Conveniently enough, the old man died within a month of being sent to VA.

And guess what...while he was in VA he rewrote his will changing the executor from my husband to his brother and his wife...I doubt his father ever saw the document. I also consider some even more evil possibilities but hard to prove now.

My husband has been paying the taxes here for fifteen years plus all utilities.

Now his brother is trying to put the house on the market for sale.

We do have an attorney of our own...plus if the house is inspected by ANYONE, a realtor, the township...it will be condemned. I'm not joking...cracked foundation, cracked fireplace, water damage and mold, asbestos covering the furnace pipes. It would be condemned and then I believe it would be taken by the county right?

I mean so many questions...can he put us out, can we fight it, would we be able to uproot elsewhere, my husband is going on 60 but my daughter will be dependent for many years, would there be senior's housing that would allow her? Then with Parkinson's him trying to find a new job, me able bodied with a degree and trying to find a job...Jiminy Crickets...any thoughts or advice is welcome.
 

The only thing I'm pretty sure about is that the time has probably long passed in which you could contest the will or the distribution under it. Did the father leave the house to the brother outright, or to the two brothers together?

I dunno about condemnation -- that would be strictly under your state law (as would stuff about the will and distribution); but here, at least, it would have to pass inspection before the brother could sell it, though in some cases you can sell as long as the seller acknowledges that it has this or that defect and agrees to accept it that way. I am not sure if that would even be possible in the case of something like asbestos, a bad furnace, or something dangerous like that.

This is indeed a mess.
 
Contact your county and state to inquire about low cost housing. It is possible there may be a sliding scale on rent. If you have a state rep close by, ask them as they are usually able to at least put you in contact with people that might be able to help.

Hoping you have a good lawyer, one you can trust. Have you ever seen the will, was it probated? Ten years seems like an awfully long time in which to settle an estate. If the father left the house to the other son, I 'd work on getting out of there and let him pay for the inspection, show the property, mow, heat, remove snow, repairs etc. and any other related headaches. I'm sure there are details that could change any advice anyone might suggest, so, acting on the advice from your lawyer might be best. Very sorry for your situation, it must be very hurtful being it involves a family member. The sad part about it is often times when siblings argue over inheritance, they never seem to get over it. I hope in your case, fences can be mended.
 

No, being condemned means that whomever owns the home would be required to meet a time frame to make repairs or be fined, until all repairs on the building inspectors list were met. Once condemned, anyone living in the home would have to move out so repairs could be accomplished. Condemned means it's not in the condition for humans to live in.

If the brother has an attorney, he can have a judge evict you if there was no lease between you & him. He only has to give you 30 days notice, since without a lease agreement, you are considered a month to month tenant. If it would get ugly, he could also go after you for the repairs.

I doubt senior housing would permit you to take your pets. You'd have to inquire about your daughter.

I'm really sorry, with everything going on in your life, that this mess is now added to it.
 
I'm researching Pittsburgh and a few miracles...sliding scale in the immediate area means you can't walk after nightfall. My brother lives at the shore, but Hurricane Sandy was how many years back and they still haven't re-homed everybody. I'll look into rentals and senior citizen services there too just in case. We have another appointment with the lawyer next week.

I'm trying to stay upbeat and positive...and many of you know how I feel about gun control...but down in the bushes across from his brother's house with one of those spiffy sniper rifles...BAM...they'd never hear it coming...but we can't stay bitter now can we? :mad::mad::mad:...But seriously, too many important things to figure out.
 
I'm sorry this is happening to you. When it comes to family and money, it's amazing what family members will do to each other for the all mighty dollar. Experienced it first hand.
 
Well, sometimes the pen can be mightier than the sword. I guess that quote updated would be the keyboard is mightier than the sniper rifle. First off there is still an outstanding bill for my father in laws funeral. It's a uhem..."family" business, they don't take kindly to bills being overdue for almost ten years. I emailed them his name, address, and phone number.

There's also a chance he might be collecting benefits or something equally shady with his Dad's social security number. You know the social security administration gets really excited when somebody might be getting bogus benefits. Oh and on a positive note I'm finding oodles of resources at the Jersey shore.
 
Some of these terms are new to me. I'm not sure what probated means. The original will could be anywhere. It named my husband as the oldest, the executor. After his brother basically kidnapped Dad and took control of any money he could get ahold of...suddenly there was a new will naming him and his wife as the executors. Do I think they might have had a hand in his demise? Absolutely...But it's about trying to legally prove anything that gets tricky. This is a son that got sent to Riker's for possession as a teen. When he got home he blasted his parents for not bailing him out fast enough. Instead of beating him soundly, they let him get away with all his crap. Now you have a monster.
 
Well, if he actually made a new will, the first will wouldn't matter anyway, as long as the second will was valid. By valid, I mean properly executed meaning signed, in the presence of witnesses if the state requires it, etc.) An "original" will, in legalspeak, is the one with the original signatures on it.

Probate is the process of having the courts approve the will and approve the transfer of property to whomever the person left it.

Being an "executor," by the way, doesn't have anything to do with getting an inheritance. The executor oversees the probate of the will, interim expenses, etc., and the final distribution of property, with the court's blessing. Many times banks or attorneys are named as executors.

If the deceased died without a valid will, the person is said to have died "intestate" and state laws regarding who gets what will govern. That process must be overseen by the court.

It gets very complicated.

It would be interesting to see by what authority the other son claims the right to sell the property on his own.
 
Thank you for the explanation. See from what I understand Virginia is a weird state legally. I'm thinking another place to find information is the town hall here. If whoever is in charge of house inspections and all could give me some hypothetical answers. In other words if there were such a house with these severe structural flaws. Both official owners had been dead for several years and now somebody has the misguided notion it can go on the market...I might get some answers.

I mean wouldn't an executor be expected to do some "execting"? The only thing worth anything is the land. The house would have to be taken down even below the foundation. And suppose there is someone who would take it knowing that. What's to keep his brother from deciding he doesn't have to divide up any money, that he deserves it all? Oy, complicated doesn't begin to describe it. Three siblings who hated each other to begin with and now this.
 
Just read through the comments here and I feel for you fureverywhere. What a mess! I hope you get it sorted out sooner rather than later and good luck with your research.
 
fureverywhere said:
Thank you for the explanation. See from what I understand Virginia is a weird state legally. I'm thinking another place to find information is the town hall here. If whoever is in charge of house inspections and all could give me some hypothetical answers. In other words if there were such a house with these severe structural flaws. Both official owners had been dead for several years and now somebody has the misguided notion it can go on the market...I might get some answers.

I mean wouldn't an executor be expected to do some "execting"? The only thing worth anything is the land. The house would have to be taken down even below the foundation. And suppose there is someone who would take it knowing that. What's to keep his brother from deciding he doesn't have to divide up any money, that he deserves it all? Oy, complicated doesn't begin to describe it. Three siblings who hated each other to begin with and now this.
Click to expand...

First off, FIND OUT if the so-called will was ever probated, and get a copy If so, did your H get notice of that? If the will was probated, there should be court orders in place about what the executor must do with the money and assets. Before you can do anything you must know that. Start in the state the father died in. Do it soon. You might be able to do that online. Every state is different.

Yes, there might well be someone who would buy the property to get just the land. They could demolish the house and just use the land. Happens here all the time.

Have you talked to your lawyer to get some straight answers? He/she should be able to help you or recommend someone who can. Don't fool around with this -- if you really intend to pursue it, you need to get ahead of the problem and get legal advice from a lawyer to have any hope at all.

I don't know about Virginia; what do you mean "weird?"
 
By weird I mean perhaps more lax laws than some other states? Like way back when my oldest girl was acting up with her Dad. He and his brother went before a judge and said I was dead. They didn't ask for proof of anything and the brother became her legal guardian just like that. When I contacted her school eventually I needed notarized documentation that I was still alive and her birth mother...how messed up is that?
 
Fur, did you get any information today? If the brother doesn't have title to the property, he can't sell it. Can you check your property records online and see who is listed as the property owner? This isn't always the same as the name on the property tax bill -- here you have to change the name on the tax bill separately, and after I bought this house from my mom, for years the tax bill came to her name, but I paid the bill, of course. I finally wised up and changed the tax records, too.

Most places you can check this online because property ownership is public record. If you need help with finding that out, PM me and I will be happy to try to help you figure out how to do that in your state.
 

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