******* dying husband

[cmal3]

What is the name of your state? Florida

OK, this is a very complicated situation. My step-dad recently became very ill and as it looks right now, he doesn't have long left to live. The problem is that he and my mom have not gotten along well in years and he has decided to attempt to screw her over while on his death bed. He had a really nice 1937 hot rod that he has spent years customizing. In a last minute effort to ensure that my mom will get nothing (it's pretty much the only thing in his name) he signed the title of the car over to a friend of his. This morning his friend showed up with a police officer and took the car away. The only reason my mom hasn't divorced him yet is because of financial reasons (they both kind of depended on each other to make enough to pay the bills). Also, she's afraid that if she divorces him now that he will get half of the house (which is in her name and she owned prior to their marriage) and he will sign that over to a friend of his like he did the car.

My question is, is their any way she can get the car back or cancel the sale somehow? Could she claim that the medications he is on have effected his frame of mind causing him to act like a douche bag? It just doesn't seem fair that he can just give the car away like that without her having any say. I mean, isn't it a marital asset? Oh, and she has the original copy of the title to the car if that is in any way relevant.

Also, he has been sending friends over to get things out of the house when no one is home. The cop said that since they are legally married that he is allowed to give permission to friends to come in the house. The only way to stop them from coming in, short of changing the locks (which we're doing today) is for them to divorce. Is there any legal way to keep them away from the house, and if by some miracle he gets better is their any way for her to divorce him and get him out of the house without him getting part of the house? All she really wants is to get him out of her life at this point without having to sacrifice the house or anything in it. Please Help Me!!!

 

[Silverplum]

What is the name of your state? Florida
All she really wants is to get him out of her life at this point without having to sacrifice the house or anything in it. Please Help Me!!!

Uh, that's NOT how the LAW works.

If you want to help your mother play games, help her hire an attorney...who will tell her that equal rights rule in THIS country.

 

[cmal3]

Uh, that's NOT how the LAW works.

If you want to help your mother play games, help her hire an attorney...who will tell her that equal rights rule in THIS country.

I realize that he is legally entitled to half the house, and admittedly the way I wrote that last sentence was kinda, well, dumb. What I really need to know is can his friends show up with a u-haul or something and start emptying out the house and the garage because he gave them permission to do so? That is kinda what the cop made it sound like. And if he gets half the house in a divorce can he just turn around and sign it over to a friend as a last screw you to my mom?

 

[Ohiogal]

I realize that he is legally entitled to half the house, and admittedly the way I wrote that last sentence was kinda, well, dumb. What I really need to know is can his friends show up with a u-haul or something and start emptying out the house and the garage because he gave them permission to do so? That is kinda what the cop made it sound like. And if he gets half the house in a divorce can he just turn around and sign it over to a friend as a last screw you to my mom?

Nope they can't. However he sold the car. He cannot sell the house. And he wouldn't get half the house. Your mother would be able to refinance and give his portion of the equity. Is he on the deed?

 

[ErinGoBragh]

What is the name of your state? Florida

OK, this is a very complicated situation. My step-dad recently became very ill and as it looks right now, he doesn't have long left to live. The problem is that he and my mom have not gotten along well in years and he has decided to attempt to screw her over while on his death bed.

I don't care about your mom's finances or anything else.. if they were having that much of a problem, they should have divorced years ago. Waiting till he's dying has likely complicated things a bit. Like, for example, him now giving away possessions.

Could she claim that the medications he is on have effected his frame of mind causing him to act like a douche bag?

I wouldn't bother.. if your SD has the wits about him to intentionally screw your mom over then he had his wits about him to sell the car. Also, no matter what a jerk you think he was, I'm pretty sure calling a dying man a douche bag is in extremely bad taste.

All she really wants is to get him out of her life at this point without having to sacrifice the house or anything in it. Please Help Me!!!

Then she should DIVORCE him. If she wants him out of her life that badly, NOTHING else should matter.

 

[cmal3]

Your mother would be able to refinance and give his portion of the equity. Is he on the deed?

No his name is not on the deed and she owned the house long before he came in the picture.
For other, even more complicated, reasons involving her first husband (my father), and their divorce settlement she can't refinance the house right now.

I don't care about your mom's finances or anything else.. if they were having that much of a problem, they should have divorced years ago. Waiting till he's dying has likely complicated things a bit.

She didn't wait for him to die, this all came about very suddenly 2 or 3 weeks ago, and there is no point discussing what she should have done years ago, I'm worried about the situation she's in now.

Also, no matter what a jerk you think he was, I'm pretty sure calling a dying man a douche bag is in extremely bad taste.

I didn't call him a douche bag, I said he is acting like a douche bag. Trust me, if you knew this guy you would understand that "douche bag" is an understatement. He has a long past of horrible marriages in many different states (which she didn't know about until a few years into the marriage.), and there is a long list of despicable acts in his past, and present. It doesn't matter if he's alive, dying or dead, I call them as I see them, and this guy is a sorry excuse for a human being.

 

[Silverplum]

No his name is not on the deed and she owned the house long before he came in the picture.
For other, even more complicated, reasons involving her first husband (my father), and their divorce settlement she can't refinance the house right now.

Well, the Vile Dying Man rolleyes:) is ENTITLED BY LAW to half the increase of equity in the house since the day they married. Actually, half of her portion of the equity.

Fun situation she's in.

She didn't wait for him to die, this all came about very suddenly 2 or 3 weeks ago, and there is no point discussing what she should have done years ago, I'm worried about the situation she's in now.

You keep changing the story. That's not what you said in your first, abysmal post.

I didn't call him a douche bag, I said he is acting like a douche bag. Trust me, if you knew this guy you would understand that "douche bag" is an understatement. He has a long past of horrible marriages in many different states (which she didn't know about until a few years into the marriage.), and there is a long list of despicable acts in his past, and present. It doesn't matter if he's alive, dying or dead, I call them as I see them, and this guy is a sorry excuse for a human being.

We don't care.
Neither does the law.

 

[MFinancier]

Was the car his originally? How much is it worth? Did he purchase it before the marriage? Did he put any substantial marital expense into it. She might now get an offset in the division of assets related to a divorce for the car even though it's gone...but then he could get half the appreciation of the house...which she seems to be trying to avoid. So...it sounds like they are both trying to screw each other to me! As far as sending people over to the house to pick up stuff...change the locks, get a list of all the items he wants and if they are his...tell his friend to come over when she is home and she will give them to him. Don't sweat the small stuff!!!

 

[Bali Hai]

No his name is not on the deed and she owned the house long before he came in the picture.
For other, even more complicated, reasons involving her first husband (my father), and their divorce settlement she can't refinance the house right now.



She didn't wait for him to die, this all came about very suddenly 2 or 3 weeks ago, and there is no point discussing what she should have done years ago, I'm worried about the situation she's in now.



I didn't call him a douche bag, I said he is acting like a douche bag. Trust me, if you knew this guy you would understand that "douche bag" is an understatement. He has a long past of horrible marriages in many different states (which she didn't know about until a few years into the marriage.), and there is a long list of despicable acts in his past, and present. It doesn't matter if he's alive, dying or dead, I call them as I see them, and this guy is a sorry excuse for a human being.

But that wouldn't stop you from driving that '37 hot rod, would it???

 

[MFinancier]

But that wouldn't stop you from driving that '37 hot rod, would it???

Now that would be a crime! Is it Happy Hour yet?

 

[cmal3]

You keep changing the story. That's not what you said in your first, abysmal post.

I don't see how I changed the story. They've had major difficulties, but they both tried to stick it out and make it work. Then he recently got sick and started acting crazy.

Was the car his originally? How much is it worth? Did he purchase it before the marriage? Did he put any substantial marital expense into it. She might now get an offset in the division of assets related to a divorce for the car even though it's gone...but then he could get half the appreciation of the house...which she seems to be trying to avoid. So...it sounds like they are both trying to screw each other to me! As far as sending people over to the house to pick up stuff...change the locks, get a list of all the items he wants and if they are his...tell his friend to come over when she is home and she will give them to him. Don't sweat the small stuff!!!

He had another hot rod that he sold and used that money to buy this one AFTER they got married. It's probably worth at least 20k. Most likely more. He put a LOT of money into it. I don't think he sold it so much as gave it to his friend. I'm pretty sure that there was little if any money exchange, he just didn't want my mom to have the car (if that matters). You're right, it is turning into a game of who can screw who over worse.

But that wouldn't stop you from driving that '37 hot rod, would it???

It's not mine to drive. My mom only owes roughly 20k on the mortgage of the house so she wants the car back so she can sell it and pay the house off. Plus I can't drive a stick.

 

[Silverplum]

It's not mine to drive. My mom only owes roughly 20k on the mortgage of the house so she wants the car back so she can sell it and pay the house off. Plus I can't drive a stick.

She wants his car so that she can pay off the house that belongs to her...and to your father. But she doesn't want him to get anything from the house, not a penny.

Niiiiice.

 

[MFinancier]

She wants his car so that she can pay off the house that belongs to her...and to your father. But she doesn't want him to get anything from the house, not a penny.

Niiiiice.

But he snookered her at her own game by giving the car away. The funny thing is...even without the divorce...if he dies...I wouldn't be surprised if his estate sued her for half the appreciation anyways! Any thoughts on that?

 

[mistoffolees]

But he snookered her at her own game by giving the car away. The funny thing is...even without the divorce...if he dies...I wouldn't be surprised if his estate sued her for half the appreciation anyways! Any thoughts on that?

She really needs to see an attorney. If the mother simply waits for him to die, she gets his share the remaining equity in the house, right?

There are enough issues here that the mother should see an attorney to find out what the facts and her rights really are. But it's got to be the mother who does it and not the nasty step-daughter.

 

[cmal3]

From what I'm hearing the only way she can keep the house in her name only is if he passes away while they are still married, and the car would have been hers to, if he hadn't sold it. Which just leaves me confused as to why one of his last acts would be to ensure that she wouldn't get the car. And he has no one who could sue my mom for the equity in the house. If he died while they were married then I don't see how anyone could sue my mom for his half of the equity anyway. Wouldn't she get all of his assets since she is his only family? I know he has other children, but they haven't talked to him in 30 years (because he's such a swell guy).