Possesion rights

[gware47]

What is the name of your state? Washington
My father gave me some property but he did'nt put it in my name instead it was in his will, we paid taxes for nine years and did improvements to the home and property. He took the property back and sold it at a $30,000 profit and bought property for lesser value and he says this one is in the will for me but he won't sign anything saying its my property he is making us pay him a land payment so he does'nt have to pay for improvements on the property, he does'nt want a rent check he wants it like this, but he is refusing to make a legal commitment by establishing the property in my name, the checks we give him we put at the bottom land payment for the address and the acreage, is this significant enough to stop him from taking this from us and if not what course do we need to take?

 

[nextwife]

Do you have a RECORDED Land Contract? And is the vendor's (dad's) ownership free and clear?

 

[gware47]

response

No we don't have a registered land contract with him because he won't sign anything, he says its in the will so it is legally binding. The land is free and clear to him.

 

[nextwife]

No we don't have a registered land contract with him because he won't sign anything, he says its in the will so it is legally binding. The land is free and clear to him.

Sorry, but it doesn't matter if it's "in the will". First, wills can be changed. Second, if he is in long term care before his death, or has other creditors, they would have claim to his assets BEFORE any distribution can be made under the will. Betcha you have no evidence that he even HAS "good title" to begin with!

 

[gware47]

We have seen the title it is free and clear just like his house. But we are writing land payments at the bottom of each check and he agrees to it and is cashing them so my question would be is that legal and binding?

 

[nextwife]

Nope. There are no TERMS! You need an LC, legally spelled out in DETAIL. And recorded to protect your interest from any future creditors of Dad's.

 

[gware47]

Thank-you very much this has been extremly helpful, my husband was right. How do I go about getting an LC is there some place online I could print one off?

 

[nextwife]

Have a RE Attorney handle it to make sure all is done properly.

There is way too much money at stake to skimp and try to DIY.

 

[gware47]

Thank-you for the help