22 yr old son is suing me Over House!!

[PonyUp]

What is the name of your state (only U.S. law)? Oklahoma

I moved to Oklahoma in 1995 to help my mother after my father died, since she did not drive. She bought me a house. At that time I was a trustee of her Trust. In 1997, without my knowledge she took me off as trustee and granted me a life estate interest of $10.00 in the house I was already an owner of. She then put my ex-husband as custodian over my minor son with the remainder. Then in Feb 2005 my ex-husband again without my knowledge appoints me the custodian over our minor son with whom he lived with. Ok, then when I sold the property in June of 2005 when my current husband and I were signing paperwork, a document was slipped in and we both signed it re:the Uniform Transfers to Minor Act. I just found out about all this when I received papers stating my son now wants to sue me for his interest. They knew I sold the house and had no problem then. However, now all of a sudden after they have not spoke to me in 2 1/2 years want to take my home I currently occupy. Can all this transfering take place without my knowledge be legal?

 

[justalayman]

She bought me a house.

were you the actual owner? If not, who was?

 

[anteater]

...in the house I was already an owner of.

So, how could your mother do anything with a property that you owned?

Get an attorney.

 

[PonyUp]

That is my question, how could someone just go file documents on your home without your knowledge. I sold the home and deposited the proceeds in an account that was used as a down payment on a house we were building. Everyone was speaking then. My son has spent all his inheritance from my father and most of my mothers' money, now it seems they think he is entitled to mine. Did I mention there is a rather large farm she owns that belonged to my father and was left to her in a very old will(when they were young and he was leaving for the military)She has cut me and my Down Syndrome brother out. It all goes to my son.

 

[justalayman]

so, when you said she bought you a house, when the deed was written, is your name and only your name entered as grantee, buyer, or whatever term was used to represent the person that was to become the owner of the house?

 

[curb1]

This is a good one, I think I'll watch. Good luck.

 

[PonyUp]

The Original Deed reads mom and I as Trustees of her trust. Then suddenly I was taken off the Trust.

 

[musicman654321]

It all goes to my son.

Its rare but sometimes the person wants the $$ to skip a generation...many reasons why. Its legal. Heck, you can skip 5 generations if you wanted too.

I hope my great great great grandfather did ... just waiting for that money to come in.

 

[justalayman]

The Original Deed reads mom and I as Trustees of her trust. Then suddenly I was taken off the Trust.

You never owned the house. It was put in the trust.

case closed except; how could you sell it

 

[PonyUp]

In 1997 mom then Granted me a life estate in the property. I just wonder how she could do all that without my signature as a co-trustee. And the title company never questioned the sale, I received the proceeds, all of them.

 

[justalayman]

I think you really need to see a lawyer who can read all of the associated documents and try to figure out what happened.

 

[curb1]

PonyUp,

I don't think you ever owned the house. You said, "The Original Deed reads mom and I as Trustees of her trust. Then suddenly I was taken off the Trust".

Did your mother sell the house and then give you the proceeds from the sale? Who paid the taxes all those years and how was the ownership shown on the tax statements?

This does not make sense the way you have explained the situation.

 

[justalayman]

PonyUp,

I don't think you ever owned the house. You said, "The Original Deed reads mom and I as Trustees of her trust. Then suddenly I was taken off the Trust".

Did your mother sell the house and then give you the proceeds from the sale? Who paid the taxes all those years and how was the ownership shown on the tax statements?

This does not make sense the way you have explained the situation.

yes, it does make sense. OP was trustee. The "[OP's name] as trustee of XXXX trust" is how it would be titled when it was put into the trust. The OP didn't hold any personal interest in the house until the mother gave her the $10 life estate interest.

 

[PonyUp]

Well I was lead to believe I owned the house, I paid taxes, insurance for ten years and even used it as a rental property. Mom even gave me 10k at one point to put siding over wood trim on house and then I got to claim that on my personal taxes.

 

[curb1]

1) It is very likely that you never owned the house. Anyone can pay the taxes for someone else's house. Same with insurance. When you paid the taxes it would have said who was the owner of the property right on the top of the tax bill. What did it say? It probably said what you mentioned earlier, "The Original Deed reads mom and I as Trustees of her trust". That makes your mother the owner of the house.

2) You probably wouldn't have been legally able to claim the 10K on your personal taxes since you didn't own the house.