simonthecat
Junior Member
What is the name of your state (only U.S. law)? AZ
I'll try to make this as short and succinct as possible.
Mother died recently. (Her son), a convicted felon (multiple drug charges spanning more than 10yrs, bad checks, assault, etc) had mooched off of her the last 12+ years of her life. She paid bail, legal fees, food, housing, medical, everything. Eventually she hired an attorney who helped him qualify for SSI and she thought once he was "self-supporting" he'd be out of her hair.
No such luck. He refused to leave her property. He gambles his benefits away each month at the local casino and she continued to pay all expenses. Mother filed forcible detainers and whatever other suggestions, but there he remained. She had purchased a large trailer that he lived in ON the property but was only allowed inside her house with permission.
Since her death, he has taken over the property and his girlfriend is living there with him. We believe she is footing the bill for utilities and possibly paying him rent.
I also need to mention that this is all taking place in a remote area of the state, several hours' drive from family, in a resort-type community where there are only a few months each year to sell to summer visitors. Due to the housing market, remote location, and condition of the property, the PR does not want to try to sell.
The house was just appraised and photos taken-- the place is trashed. Another family member was named PR and wants to give the property to Brother: it's been his "residence" for years, it's in no condition to be sold, and he's on probation which requires that he stay in that county.
There is cash from an IRA, but Brother wants the house and cash. I also need to mention that because he receives benefits, Mother's wishes were that he receive NO cash or that any cash be put into a Special Needs Trust for medical expenses and b/c of the gambing/drug problem.
I am the other heir. The house, land and misc. property he would inherit equals approx. $95,000. The cash I would inherit would be approx. $65,000. I'm willing to take the lesser amount in cash to be done with this mess.
The questions are:
1. can he refuse the property as his fair share?
2. if he refuses this offer, does he forfeit his share or what happens?
3. since he would be coming out ahead on paper (and in reality), does he have any grounds to refuse the property, even though he would rather have the cash? In other words, does the PR have the final say in how things are divided?
BTW, yes there is a will. It's more than 50 years old, executed when Mother owned nothing, it was basically created to state who was to raise the 2 minor children. It states things to be divided equally.
Thank you!!What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
I'll try to make this as short and succinct as possible.
Mother died recently. (Her son), a convicted felon (multiple drug charges spanning more than 10yrs, bad checks, assault, etc) had mooched off of her the last 12+ years of her life. She paid bail, legal fees, food, housing, medical, everything. Eventually she hired an attorney who helped him qualify for SSI and she thought once he was "self-supporting" he'd be out of her hair.
No such luck. He refused to leave her property. He gambles his benefits away each month at the local casino and she continued to pay all expenses. Mother filed forcible detainers and whatever other suggestions, but there he remained. She had purchased a large trailer that he lived in ON the property but was only allowed inside her house with permission.
Since her death, he has taken over the property and his girlfriend is living there with him. We believe she is footing the bill for utilities and possibly paying him rent.
I also need to mention that this is all taking place in a remote area of the state, several hours' drive from family, in a resort-type community where there are only a few months each year to sell to summer visitors. Due to the housing market, remote location, and condition of the property, the PR does not want to try to sell.
The house was just appraised and photos taken-- the place is trashed. Another family member was named PR and wants to give the property to Brother: it's been his "residence" for years, it's in no condition to be sold, and he's on probation which requires that he stay in that county.
There is cash from an IRA, but Brother wants the house and cash. I also need to mention that because he receives benefits, Mother's wishes were that he receive NO cash or that any cash be put into a Special Needs Trust for medical expenses and b/c of the gambing/drug problem.
I am the other heir. The house, land and misc. property he would inherit equals approx. $95,000. The cash I would inherit would be approx. $65,000. I'm willing to take the lesser amount in cash to be done with this mess.
The questions are:
1. can he refuse the property as his fair share?
2. if he refuses this offer, does he forfeit his share or what happens?
3. since he would be coming out ahead on paper (and in reality), does he have any grounds to refuse the property, even though he would rather have the cash? In other words, does the PR have the final say in how things are divided?
BTW, yes there is a will. It's more than 50 years old, executed when Mother owned nothing, it was basically created to state who was to raise the 2 minor children. It states things to be divided equally.
Thank you!!What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
