a good sister would not
This past June my mother passed away. My sister and I then settled her estate with no will per the laws of the Commonwealth of Virginia.
My mother bought her house from HER deceased mother's estate. I co-signed that loan and assumed the payments as mother had no monies. That was in 1979.
I made all the payments and paid the loan off early in about 1989.
When my mother's house was sold after her death my sister was given a check for half the value the house via the realtor. My sister paid no money on the original loan for the property.
Should she keep the money that I invested in that property over 25 years ago?
There is nothing in writing stating that I paid for the house except my cancelled checks from 1979 till paid off date and my co-signing the loan
My sister has stated,Why don't you have a deed from Mom? My only response was "The same reason Mom never wrote a will."
I feel that the full value of the real estate should be mine since I paid for the property.
I know that my sister will never give me any money from the property sale and I will never pursue this matter in court but what do others think is fair in this instance??
What is legal and what is fair is two different things.
Neither one of us "needs" the money. We will both live without the funds.
I just feel I 've been cheated and now my sister and I no longer converse with one another.
Last edited by Tyme2fish; 04-19-2008 at 10:13 PM.
a good sister would not
Would not what? Does she deserve half of a house that I paid for?
I dont think she does. Just my opinion. If you co signed the loan, is your name not somewhere on the deed?
Heck no she doesn't deserve diddly squat. That's unfortunate and I would hate to think your relationship with her is over because of money that neither of you need but what's right is right, she should have not taken the money. Why didn't she help support your mom? I wonder how she would feel if the roles were reversed?
By law you can prove that u paid the mortgage for the past 29 years. Assuming it was a 30 year loan, you are entitled to 29/30 of the whole thing. The remainder (1/30) can therefore be divided amongst the two of you as you agree. The fore she is entitled to roughly 1/60 of the current market value of the house once sold. You can prove your investment through a receipt of payment (your returned checks) therefore it was you who took the risk of investment and are entitled to a return, if any, on that investment. If anything you are entitled to what you invested plus 1/2 of the profit made and even that is a generous gift to your sister.
As for right or wrong.... Your sister is a despicable person. Sorry to say that, but to try to seize one half of your investment following such a tragic event like the passing of your mother is horrible. She, as well as you entire family will be in my prayers
Keep on chuckin'
I would say you are entitled to that money. However, I would hate to let financial matters interfere with family relationships. It would be a different story if one of you were in need of the money. If possible one of you (more than likely you) needs to be the bigger man, and say keep it, and move on and continue to be a family.
In this case, what is legal and what is fair are one and the same. You deserve the entire value of that house, and I believe that if you took it to probate court, you'd win. But you would need to hurry; I'd imagine there's a statute of limitations on that. Maybe having it proved to her in court that she's wrong might convince your sister of the error of her thinking, and the two of you could put this all behind you.
No she should not have kept the check. But on the other hand, you should have made it clear with the Realtor that sold the property that you were to receive the entire amount of funds from the sale of the house. This, with the proof of the returned checks would have prevented this bad ordeal to take place.
Now on the bright side of things.....Now saying that your going to pass anytime soon...But I would make a little side note in your will and include your sister in it to receive in full the amount of money she got from the sale of the house as a gift from you....she would be notified by the executor of your will that she is to receive something from you on your passing....She would be getting her high hopes all worked up and then let your Attorney or Will Executor drop the bomb shell on her.....Once everyone involved with the reading of the will finds out about how she did you wrong...I believe then and only then she will realize she screwed you and your family out of the money......
Man I'm such a nice person ain't I.........lol
I'm sorry that things have gone so wrong. However, doesn't some of the responsibility lie on your shoulders because you didn't step up to the plate right at the beginning?
I'm currently dealing with not one but two estates at the same time. (2 family members died 1 month apart). Talk about sleepless nights but I'm having them. I inherited a bit more than my sister, the only family member than I have left. From the very beginning we hugged each other and made a sacred promise that we would NEVER let a few filthy dollars separate us
and that we would ALWAYS love and protect each other. I intend to do everything within my power to see that it remains exactly like that.
You can hold on to your anger and unforgiveness and let it eat you to death or you can let it go and be happy. The final decision is yours alone.
What is fair and right is this. You should have traken all the legal steps before this happened. My friend is in the same predicament, because she counted on some one to do the right thing for her, when he died, she found out he just didn;'t take the time to clear up property rights and other things, propate ate up most of the estate. make a will, make a power of attorney, and appoint some one to handle your estate before you need it. Your kids will thank you for it.