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Mom gave the house away

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bikerider

Guest
What is the name of your state?What is the name of your state? North Carolina

My father died in 1994 and in his will he left everything to my mother if she was the survivor. My mother died in 2002 and her will left her house to me and my brothers son. 3 years before she died she signed the house over to my nephew (so he could claim the taxes paid on it) BUT with the VERBAL understanding that at her death the house would be sold and all monies divided equally between the two of us. My nephew called me 3 months before Mother died to say he was putting the house up for sale and when it was sold he would share the money with me, (less all taxes he had paid on it over the 3 years). The house sold immediately and my nephew keeps saying he will send me my share of the money but never has sent a dime. I have the original will showing the house was to be left to the two of us but since Mother signed the house over to him before she died I'm not sure I have any grounds to stand on.
 


divgradcurl

Senior Member
With just verbal agreements, you're pretty much stuck with hoping that your nephew will live up to his oral agreement. If you are talking about a significant amount of money, it might be worthwhile to consult with an attorney to make sure that there is nothing that you can do to perfect your claim one way or the other.
 

nextwife

Senior Member
bikerider said:
My mother died in 2002 and her will left her house to me and my brothers son. 3 years before she died she signed the house over to my nephew (so he could claim the taxes paid on it) BUT with the VERBAL understanding that at her death the house would be sold and all monies divided equally between the two of us.
Let me guess. They never consulted an attorney to see if there was a more legally RATIONAL way to accomplish whatever they were trying to accomplish with this plan?

bikerider said:
My nephew called me 3 months before Mother died to say he was putting the house up for sale and when it was sold he would share the money with me, (less all taxes he had paid on it over the 3 years). The house sold immediately and my nephew keeps saying he will send me my share of the money but never has sent a dime. I have the original will showing the house was to be left to the two of us but since Mother signed the house over to him before she died I'm not sure I have any grounds to stand on.
You don't. The will is only applicable to assets still owned by the decedant at death. Until death, they can do whatever they wish with it, and if it's not there when they die, the will means nothing as to that former asset. He owned it, he sold it and has NO legal obligation to turn over anything.
 
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bikerider

Guest
Mother always thought her grandson could walk on water so she of course believed everything he told her and I'm sure she saw no reason to contact an attorney. I didn't know she had signed the house over to him until nearly 2 years after the fact. I might add, she had suffered a stroke 6 months before she did all this and her mind was not what it should have been but knowing her she would have still done this even if her mind was right. My nephew got the house and I got the funeral bill. Thanks Mom
 

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