extortion?

[helenkeller11]

What is the name of your state (only U.S. law)? Illinois

I am wondering if the following can be considered a case of extortion:

Twenty-six years ago my parents died and left their house to my sister and myself. She proceeded to move out six months later with no forwarding address. I was left to wrap up the estate, pay the medical bills, etc. I have been living in the house ever since. There is a rental apartment upstairs. I have been solely responsible for all the bills, taxes, tenants, upkeep, improvements, etc. Recently, things have gone rather badly for me - squatter tenant, unable to find job, 10 years of menopause, bad relationship, blah, blah, blah. I hunted down my sister and asked for her help, specifically to pay the back taxes due in January totaling approx. $24,000. (There is someone holding the lien to the house.) She has responded by saying that she wants me to sign a quit claim (simply hand over my half of the house, what?) and sign a lease which will allow me to live upstairs for one year at $10/month (arbitrary?). (She has always been the younger, irresponsible sister, no other siblings.) She is angry and will not be bothered to be involved in any discussion on the matter. At the very least, this is unworkable as I have a lifetime of accumulations on the first floor and the basement. It is impractical for me to physically move everything. I do not want to just give up my home to her. There is a good possibility that a friend of the previously mentioned 'bad relationship' will help me out of this bind with financial support. In the meantime, my sister and her husband have been calling me, pressuring me to sign the quit claim. Is this extortion? All I want is for her to finally step up and assume her half of the responsibility for the house, especially now that I really need the help. I do not want to threaten her, merely point out to her that what she is doing can be considered a felony and she ought to consider another route. Any suggestions, direction would be much appreciated. Thank you in advance.

 

[Ohiogal]

What is the name of your state (only U.S. law)? Illinois

I am wondering if the following can be considered a case of extortion:

Twenty-six years ago my parents died and left their house to my sister and myself. She proceeded to move out six months later with no forwarding address. I was left to wrap up the estate, pay the medical bills, etc. I have been living in the house ever since. There is a rental apartment upstairs. I have been solely responsible for all the bills, taxes, tenants, upkeep, improvements, etc. Recently, things have gone rather badly for me - squatter tenant, unable to find job, 10 years of menopause, bad relationship, blah, blah, blah. I hunted down my sister and asked for her help, specifically to pay the back taxes due in January totaling approx. $24,000. (There is someone holding the lien to the house.) She has responded by saying that she wants me to sign a quit claim (simply hand over my half of the house, what?) and sign a lease which will allow me to live upstairs for one year at $10/month (arbitrary?). (She has always been the younger, irresponsible sister, no other siblings.) She is angry and will not be bothered to be involved in any discussion on the matter. At the very least, this is unworkable as I have a lifetime of accumulations on the first floor and the basement. It is impractical for me to physically move everything. I do not want to just give up my home to her. There is a good possibility that a friend of the previously mentioned 'bad relationship' will help me out of this bind with financial support. In the meantime, my sister and her husband have been calling me, pressuring me to sign the quit claim. Is this extortion? All I want is for her to finally step up and assume her half of the responsibility for the house, especially now that I really need the help. I do not want to threaten her, merely point out to her that what she is doing can be considered a felony and she ought to consider another route. Any suggestions, direction would be much appreciated. Thank you in advance.

No it is not extortion. It is negotiation. Nothing illegal about it. You have received the benefit of the home so why shouldn't you be responsible for the costs? Maybe it is time you sell the home and split the proceeds with your sister.

 

[helenkeller11]

No it is not extortion. It is negotiation. Nothing illegal about it. You have received the benefit of the home so why shouldn't you be responsible for the costs? Maybe it is time you sell the home and split the proceeds with your sister.

"Extortion is a crime in which one person forces another person to do something against their will, generally to give up money or property, by threat of violence, property damage, damage to the person's reputation, or extreme financial hardship." The focus is to make me do something against my will and the latter, extreme financial hardship (not paying me what 1/2 the house is worth) would apply here. Negotiation implies back and forth. It is not negotiation if I am not allowed to put forth any other alternatives. But more importantly, along with the 'benefit' of the home (which was NOT a mutually agreed upon decision) came all the work and all the bills, half of which she is responsible for legally, over the course of 26 years. I know I can take her to court to be repaid for her 'unjust enrichment.' Again, more curious about diverting her course under the extortion statutes. Just wondering, Ohiogal, is this your personal opinion or are you answering as a legal expert? If so, what is your area of expertise?

 

[eerelations]

Ohiogal is a lawyer, and a very good one at that. Her information/advice is always impeccable. And it's free! (It's like icing on a cake.) Questioning Ohiogal's background and qualifications is like looking a gift horse - a very valuable gift horse - in the mouth.

And even if Ohiogal wasn't as described above, you have no right to nit-pick. If you want to nit-pick about your advisors' credentials you shouldn't be posting on a free advice board. Only people who pay for their legal services get to nit-pick.

Finally, your 'tude is unwarranted.

 

[Eekamouse]

You've lived there rent free for 25 years. Why should she have to pay you anything for that?

 

[helenkeller11]

Ohiogal is a lawyer, and a very good one at that. Her information/advice is always impeccable. And it's free! (It's like icing on a cake.) Questioning Ohiogal's background and qualifications is like looking a gift horse - a very valuable gift horse - in the mouth.

And even if Ohiogal wasn't as described above, you have no right to nit-pick. If you want to nit-pick about your advisors' credentials you shouldn't be posting on a free advice board. Only people who pay for their legal services get to nit-pick.

Finally, your 'tude is unwarranted.

Thank you for your input. It's not nitpicking to ask someone who is offering advice what their background and credentials are. That's just smart. You know the poster and I don't, now I know more. So again, thank you. However, and more importantly, there's such a thing in this country as free speech, no? I would think that on a law site, this would be a given in practice and not questioned. As for getting something for free, that's exactly the reason why I'm asking, I know there's NSTAAFL. And, what you perceive as attitude, well, that's just me. I suggest you don't read more into it than what's written there.

 

[helenkeller11]

You've lived there rent free for 25 years. Why should she have to pay you anything for that?

Again, let me clarify: Her name, along with mine, appears on the deed. Therefore, she is/has been LEGALLY responsible for HALF of all the costs including the property taxes in question, which she has not been paying for 26 years. (Hence the option exists of taking her to court for unjust enrichment, where I would come out way ahead.) And it's certainly not 'rent-free' when you consider the cost of all the materials & labor I put in, such as tuckpointing, new roof, new carpeting, new sinks, new deck, new windows, new appliances in rental unit, sanding floors, all kinds of repairs, on top of taxes, insurance, etc. When a person owns a home, they quickly learn the phrase 'it's always something' and indeed it has been, I am no exception.

 

[LdiJ]

Thank you for your input. It's not nitpicking to ask someone who is offering advice what their background and credentials are. That's just smart. You know the poster and I don't, now I know more. So again, thank you. However, and more importantly, there's such a thing in this country as free speech, no? I would think that on a law site, this would be a given in practice and not questioned. As for getting something for free, that's exactly the reason why I'm asking, I know there's NSTAAFL. And, what you perceive as attitude, well, that's just me. I suggest you don't read more into it than what's written there.

Lets look at this from a different point of view.

Your sister owns half of the house. Therefore you should have been paying her 1/2 of fair market value rent. Your sister owns half of the house, so she should have received 1/2 of any rent paid (after expenses) for the upstairs apartment. She also should have been responsible for 1/2 of the major maintenance and property taxes.

So, add up 1/2 of fair market rent over 26 years, plus 1/2 of the net proceeds (after expenses) for the rental upstairs, and then compare that to the expenses that you actually paid. Obviously you have not paid property taxes in quite a long time. You are now asking your sister to pay 24k worth of unpaid property taxes.

Its not surprising that she thinks that she should get ownership of the property in exchange for you getting 26 years living in the property without giving her any rent, plus paying 24k in back property taxes. That doesn't mean that you should have to agree with her, particularly if the property is worth a significant amount, but it doesn't mean that she is being unreasonable either.

Either sell the property and split the proceeds (after paying off the taxes) or find some other source of funds.

 

[Zigner]

"Extortion is a crime...

Your definition of extortion is incorrect for your state. In your state "extortion" is actually called "intimidation" and here is the criminal statute related to it. As you can see, you are NOT being intimidated.

SUBDIVISION 15. INTIMIDATION
(Source: P.A. 96-1551, eff. 7-1-11.)

(720 ILCS 5/12-6) (from Ch. 38, par. 12-6)
Sec. 12-6. Intimidation.
(a) A person commits intimidation when, with intent to cause another to perform or to omit the performance of any act, he or she communicates to another, directly or indirectly by any means, a threat to perform without lawful authority any of the following acts:
(1) Inflict physical harm on the person threatened or any other person or on property; or
(2) Subject any person to physical confinement or restraint; or
(3) Commit a felony or Class A misdemeanor; or
(4) Accuse any person of an offense; or
(5) Expose any person to hatred, contempt or ridicule; or
(6) Take action as a public official against anyone or anything, or withhold official action, or cause such action or withholding; or
(7) Bring about or continue a strike, boycott or other collective action.
(b) Sentence.
Intimidation is a Class 3 felony for which an offender may be sentenced to a term of imprisonment of not less than 2 years and not more than 10 years.
(Source: P.A. 96-1551, eff. 7-1-11.)


(From http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=072000050HArt%2E+12%2C+Subdiv%2E+15&ActID=1876&ChapterID=53&SeqStart=23575000&SeqEnd=25475000)

 

[Zigner]

Therefore, she is/has been LEGALLY responsible for HALF of all the costs including the property taxes in question...

That is your assertion. It is not necessarily fact.

 

[helenkeller11]

That is your assertion. It is not necessarily fact.

This is a fact. Half of all costs and, yes incomes, are hers.

 

[Zigner]

This is a fact. Half of all costs and, yes incomes, are hers.

No, it is NOT a fact. Your assertion is that she is responsible for half of all the costs associated with owning the home. That is just farce.

 

[davew128]

Lets look at this from a different point of view.

Your sister owns half of the house. Therefore you should have been paying her 1/2 of fair market value rent

I disagree. Ownership of the home in any capacity other than some form of fractional ownership like a TIC allows free and unfettered use.

 

[tranquility]

Again, let me clarify: Her name, along with mine, appears on the deed. Therefore, she is/has been LEGALLY responsible for HALF of all the costs including the property taxes in question, which she has not been paying for 26 years. (Hence the option exists of taking her to court for unjust enrichment, where I would come out way ahead.) And it's certainly not 'rent-free' when you consider the cost of all the materials & labor I put in, such as tuckpointing, new roof, new carpeting, new sinks, new deck, new windows, new appliances in rental unit, sanding floors, all kinds of repairs, on top of taxes, insurance, etc. When a person owns a home, they quickly learn the phrase 'it's always something' and indeed it has been, I am no exception.

You will not win an unjust enrichment lawsuit. The elements of the tort are simply not there. I disagree with the others you owe rent to sister as each owner has a right of possession. I disagree with you that the money you put in should be compensated for in some way. The proper way to enforce your rights might have been to claim sister committed "waste" when she did not pay her share of the taxes. Most of that is long gone because of the statute of limitations now. If you force the issue legally, I predict you will find yourself on the wrong end of a partition lawsuit and the house will be sold on the courthouse steps. The liens will be paid and you and sister split the rest. (With a possible exception of the property taxes paid by you within the statute of limitations.)

 

[OHRoadwarrior]

Just because you are angry that you have used up your portion of the inheritance is no reason to get angry at your sister for wanting her part of the appreciation.