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Kindof a tricky question.

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GPF

Junior Member
What is the name of your state (only U.S. law)? Virginia

A little background. My stepfather sexually abused me for 14 years. I told after my parents divorced, he went to jail, mother who already made me feel guilty due to the fact that he was no longer paying child support for her younger daughter (I was 19) really did not like it when his half of ownership in the house she was living in, was awarded to me in a civil suit.

For years, I had to hear how she was paying for a house that wasn't even hers anymore...which was what she was doing when it was in both of their names after the divorce....it caused even more friction between us and after hearing repeated things like "I don't know why you care about this, you're going to get half when I die anyway" and she was really crappy towards me when she went to get refinanced and had to "ask permission" (her words) from me and get my signature, etc.

Finally I basically said that I didn't care about the &)!'*~% house and that, if it meant us having a good relationship, then she could have it back. Boy did she call and have the papers drawn up, etc. We went downtown, I signed, and that was that.

Well now, well over 12 years have passed, the last six we have not spoken. I believe her guilt over things that happened has made her not care/want to have a relationship. I'm fine with that, but now, as a grown woman, I feel that the awarding by the judge of his half of the property was really the only thing I had. The only thing that said it was wrong what he did, this belongs to you. In hindsight, I feel like I was pressured, under duress and basically emotionally manipulated into signing the property back over to her.

My question is this: ("finally!" you say!) 1.) As her oldest child, will I "get half", as she said, when she dies? What if she does not put me in her will? 2.)Is there a way now to set any wheels in motion, a lien, or similar, to stake a claim in what I feel is mine? Or 3.) I'm out of luck and too bad?

Also, the lawyer who handled the civil suit is no longer around, but when the papers were originally drawn up, she had it that she would get 33% of my share upon the sale of the property. How does that work for her? Did she need to be involved in the transferring of my half back to my Mom?

Sorry for rambling, but I'd rather put in too much info in order to get the best advice, rather than leave anything out.

Thank you in advance for any guidance you can give.
 


justalayman

Senior Member
1.) As her oldest child, will I "get half", as she said, when she dies? What if she does not put me in her will?
if she has a will, you get whatever she gives to you via the will. Nothing in the will for you, youdon't get anything. If she doesn't have a will, you will inherit based on the laws of intestate succession of her state. In most states, if she is single, her children would split the assets equally. Before counting on that, check the actual laws.



2.)Is there a way now to set any wheels in motion, a lien, or similar, to stake a claim in what I feel is mine?
Or 3.) I'm out of luck and too bad?
#3. You gave it up. What you describe is not duress, or great enough to use as a defense to your actions. A gun to your head; that's duress and that is adequate. Whining at you; duress just not great enough to be considered to have forced you to sign the deed.

Also, the lawyer who handled the civil suit is no longer around, but when the papers were originally drawn up, she had it that she would get 33% of my share upon the sale of the property. How does that work for her? Did she need to be involved in the transferring of my half back to my Mom?
without reading all of the associated paper work, it would not be possible to give you an answer. If that is all it says, then since you gave it to your mother with no money changing hands, then the attorney got all she was due 33 1/3% of $0.

I suspect there is more about the 1/3 interest but that is something you will have to read for.
 

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