• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Is this part of probate??

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

jaimepsalm63

Junior Member
What is the name of your state? Colorado
We have just gone to court in a mediation process (2 parties my parents vs my husband and myself).

Long story short: My grandfather was the sole owner of a home. He sold me the home Jan 2000. He died in Feb 2008. My father had power of atty in Oct 2002. In the mediation, my husband and I settled with the condition that my father wouldn't sue us again for anything, EXCEPT to check into and sue us for probate of the house we now own.

My father has never been on the title of the home, just my grandfather until he sold me the house. I pay the taxes on it every year and maintain it.

Does my father have a chance of taking my home away? I don't want my kids to be homeless. I signed it on the advise of my atty with him saying, "get this hurdle over with and get that paper saying they'll leave you alone for everything else, we'll cross the other bridge later." The mediator, a retired judge, said that there is a statute of limitations but didn't say if it was from when I bought the house or when my grandpa died.

No will has been filed in the courts and like I said earlier grandpa died Feb this year. Last I knew I was the sole heir on the will, it may have gotten changed in 2002. I don't want any of the estate my grandfather had when he died. Asking for any of it would just keep my father in my life and I just want him to leave me alone.

If anyone knows please inform me. Thanks
 
Last edited:


BlondiePB

Senior Member
What is the name of your state? Colorado
We have just gone to court in a mediation process (2 parties my parents vs my husband and myself).

Long story short: My grandfather was the sole owner of a home. He sold me the home Jan 2000. He died in Feb 2008. My father had power of atty in Oct 2002. In the mediation, my husband and I settled with the condition that my father wouldn't sue us again for anything, EXCEPT to check into and sue us for probate of the house we now own.

My father has never been on the title of the home, just my grandfather until he sold me the house. I pay the taxes on it every year and maintain it.

Does my father have a chance of taking my home away? I don't want my kids to be homeless. I signed it on the advise of my atty with him saying, "get this hurdle over with and get that paper saying they'll leave you alone for everything else, we'll cross the other bridge later." The mediator, a retired judge, said that there is a statute of limitations but didn't say if it was from when I bought the house or when my grandpa died.

No will has been filed in the courts and like I said earlier grandpa died Feb this year. Last I knew I was the sole heir on the will, it may have gotten changed in 2002. I don't want any of the estate my grandfather had when he died. Asking for any of it would just keep my father in my life and I just want him to leave me alone.

If anyone knows please inform me. Thanks
And the name(s) on the deed to the house is/are.....
 

jaimepsalm63

Junior Member
The names on the deed are my husband and myself.

I know it sounds like an obvious, but I've been in and out of court with my parents for years and just want to be left alone with my kids living in a house.
 

jaimepsalm63

Junior Member
So with that and it being the obvious....does he have a chance to take my house? Will I be back in court to prove it's mine?
 

FlyingRon

Senior Member
You're leaving a lot out here. Is your father contesting the sale? Was your grandfather competent to make the sale? Just because power of attorney is signed, doesn't mean that the person gives up the right to act for themselves. What did your father sue you for? What are you mediating?

Did you pay market price for the house? Was the executed before the grandfather died and promptly recorded?
 

jaimepsalm63

Junior Member
I was not sold the house at market value in 2000. He paid the gift tax then. He was competent at the time of sale and even had an examination to prove he was competent and said that no one could take the house from me or contest it's sale to me. The sale was immediately recorded in 2000 in my county with my husband and myself being on the deed alone. No one else is on the deed. My grandfather was the only one on the deed before hand.

As for the power of attny, I don't know the details. I was out of the picture per my father's wishes 2002. I wasn't allowed to see my grandfather. When my husband went over to check up on my grandpa (with my father sending him emails stating to come over in Dec 2002) he was arrested and charged with a criminal trespass (Jan 2003) . It was reduced to a slap on the wrist. We still didn't sue then because we just wanted them to leave us alone. He had made a request through a different atty that I should give the house back to my grandpa (March 2003). Our atty at that time said forget it.

Like I stated before, grandpa died Feb this year (2008). Mediation just took place March 23, 2008.

There has been a bad history with my parents and myself. They're into money and want it all. I just want to be left alone and don't believe in hurting people just because I'm angry. (My ex- sis-in-law gave up custody of her kids and moved to Iraq to get away from them after a nasty divorce with my brother which my parents helped pay for....no joke.) This was just one of many lawsuits he tried to bring to court. We discovered that he tried bringing several things to court for us before but they were thrown out.

There were agreements made about disclosure to anyone about what was done in mediation. Mediation is over and I can't really say what it was all about. The house wasn't brought up in the original law suit...it was an after thought with my father because he realized he was getting squat (my opinion of why it was brought up). He had a law suit based on emotion and not law (our atty said it and the judge who mediated said it.) We agreed to certain things only so they would sign this paper saying they would leave me alone. However, my father put it in the papers that he wouldn't sue me again EXCEPT for probate of the house. That is how it is written, the exact wording. He said some atty told him he could go for probate on the house. It wasn't the atty representing him during mediation.

Nothing was done for over 8 years about us owning the house and paying taxes on it except him saying to give it back to my grandpa, but no legal action. It was only after my grandpa died and we were in the middle of mediation did this probate thing come up.

I hope this info helps better to answering my original question. Thanks for thoughts so far.
 
Last edited:

anteater

Senior Member
Lovely family situation.... But back to your original question:
..does he have a chance to take my house? Will I be back in court to prove it's mine?
Nobody is going to be able to tell you that your parents won't try. And nobody is going to give you a 100% guarantee on the outcome. But, it certainly seems that you are secure.

You know, continuing to compromise with them, hoping that they will just leave you alone, may just be encouraging them. Perhaps, if there is a next time, retain a lawyer that will rake them over the coals.
 

jaimepsalm63

Junior Member
Thanks for the words of wisdom. Our bank acct just can't do it though....they have money to burn and we barely have money to survive. It's a vengeance thing with them and they want to "break" me and my marriage. They get upset that they haven't done either, which encourages more. Like I said though, they have the money and we don't. For some reason attys want to be paid.;)

If they try to take us to court over probate, will we even know about it?

I ask because I had been told that the first question an atty will ask is who is on the deed, when was the deed transferred over, and why did they wait so long. I was then told that when the questions get answered then the atty would probably say they didn't have a case.

Could this be true?

Is there a statute of limitations for them to petition for probate on the house?

Thanks again.
 

seniorjudge

Senior Member
Q: If they try to take us to court over probate, will we even know about it?

A: Yes; you must be notified of any lawsuit.


Q: I ask because I had been told that the first question an atty will ask is who is on the deed, when was the deed transferred over, and why did they wait so long. I was then told that when the questions get answered then the atty would probably say they didn't have a case. Could this be true?

A: Yes.


Q: Is there a statute of limitations for them to petition for probate on the house?

A: Yes. Google your state plus statute limitations. Do a little research. (I don't know the answer right off hand.)
 

jaimepsalm63

Junior Member
Thank you!

My husband talked to our atty today, finally, and found out they don't have a case at all. Our atty did the research for us and now.....I'm at ease and can finally move on raising my kiddos!

:D:D:D:D:D
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top