Allow me to vent.What is fair and right?

[Col Forbin]

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.

[RoadToad]

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.

[MsgMills]

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