Sister inherited 1/6 of house and debt,because father didnt have will, but wont pay

[jbhenson]

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

My mother and father gave my sister what she wanted, or rather she took it from them and refused to give it back. At any rate due to techincalities in law, even though mother left me their house, she owns 1/6. I didnt find this out until after I already got a va loan on the house. She refuses to sign over her portion and also refuses to pay me back her part of the debt. Can I sue her in small claims court for that portion 12,416. And I also had to repair the house, the AC was bad, it needed a new roof, locks and doors ect her portion would be close to the 15000.

I dont really want to sue her ,but she refuses to pay her portion OR sign the deed over to me. Its like she wants me to fix it up and pay for it, but keep her portion too, what can I do?

 

[Ohiogal]

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

My mother and father gave my sister what she wanted, or rather she took it from them and refused to give it back. At any rate due to techincalities in law, even though mother left me their house, she owns 1/6. I didnt find this out until after I already got a va loan on the house. She refuses to sign over her portion and also refuses to pay me back her part of the debt. Can I sue her in small claims court for that portion 12,416. And I also had to repair the house, the AC was bad, it needed a new roof, locks and doors ect her portion would be close to the 15000.

I dont really want to sue her ,but she refuses to pay her portion OR sign the deed over to me. Its like she wants me to fix it up and pay for it, but keep her portion too, what can I do?

How does your sister own 1/6? Did she agree to all the repairs? Is she on the loan?

 

[jbhenson]

Attorney didnt inform mother, that without will father gave sister and me part.

How does your sister own 1/6? Did she agree to all the repairs? Is she on the loan?

According to the other attorneys, my mother and father both had a loan on the house, so my mother would own 3/6 of the house and my father 3/6, my father died without a will. Because my father didnt have a will, technically in Georgia, my mother got 1/6 of his part, I got 1/6 and my sister got 1/6. However my mother wasnt aware of this nor were we.

My mother got a will written by an attorney, he didnt make her aware of it either. I was able to get a VA loan on it SOMEHOW! I made some repairs to the house ith cash I got out from the loan, then I left again leaving the house empty. I returned a year later to find the roof leaking, and AC was bad. To live in the house and keep the roof from causing more damage, I had to repair it right away. I tried to refinance and found out the deed wasnt in my name.

I then talked to niece who hadnt probated will, and she informs me of this great news.

I tried to get my sister to sign off on it and she said she wanted to read the documents, I asked her if she wanted part of the property she said no, but just wanted to read them over. She has since refused and wont even talk about it, I asked her to pay her portion of the debt 1/6 if she wont sign, but she wont talk about it ignores me when I ask. Attorneys have been useless to this point just adding cost with no results, and its also hospitalized me with a stroke and bells pausy. I dont want to get more upset by this stupid stuff, but dont want to be in limbo either.

 

[Ohiogal]

According to the other attorneys, my mother and father both had a loan on the house, so my mother would own 3/6 of the house and my father 3/6, my father died without a will. Because my father didnt have a will, technically in Georgia, my mother got 1/6 of his part, I got 1/6 and my sister got 1/6. However my mother wasnt aware of this nor were we.

My mother got a will written by an attorney, he didnt make her aware of it either. I was able to get a VA loan on it SOMEHOW! I made some repairs to the house ith cash I got out from the loan, then I left again leaving the house empty. I returned a year later to find the roof leaking, and AC was bad. To live in the house and keep the roof from causing more damage, I had to repair it right away. I tried to refinance and found out the deed wasnt in my name.

I then talked to niece who hadnt probated will, and she informs me of this great news.

I tried to get my sister to sign off on it and she said she wanted to read the documents, I asked her if she wanted part of the property she said no, but just wanted to read them over. She has since refused and wont even talk about it, I asked her to pay her portion of the debt 1/6 if she wont sign, but she wont talk about it ignores me when I ask. Attorneys have been useless to this point just adding cost with no results, and its also hospitalized me with a stroke and bells pausy. I dont want to get more upset by this stupid stuff, but dont want to be in limbo either.

When the estate was probated was she put on the deed? Your major problem is you seem to think you are entitled to the house even if you aren't.

 

[TheGeekess]

Please keep all your questions in one thread. Now you've got THREE started on the same subject.
https://forum.freeadvice.com/probate-personal-representatives-114/claim-invalidated-6-months-after-made-isnt-deadline-ga-30-days-what-can-i-do-600987.html
https://forum.freeadvice.com/small-claims-courts-24/do-i-have-case-if-i-sue-house-payment-because-executrix-refuses-sign-over-de-601311.html#post3219975

 

[jbhenson]

I was given the house in the will AND I am paying for their loan on the house

When the estate was probated was she put on the deed? Your major problem is you seem to think you are entitled to the house even if you aren't.

I dont understand how you figure that, the WILL gave me the house, my mother and father wanted me to have it. I helped them get it when no one else would, paid inspection feees, bills etc to get the house, everyone else said they would never paid them back, I said I dont care I want to help and gave them the money.

The will says the house was mine if I paid off her debt, I paid the debt. No one was put on the deed,its still in my mother and fathers name.

 

[jbhenson]

They are all different questions though, shouldnt they be in dfiferent threads?

Please keep all your questions in one thread. Now you've got THREE started on the same subject.
https://forum.freeadvice.com/probate-personal-representatives-114/claim-invalidated-6-months-after-made-isnt-deadline-ga-30-days-what-can-i-do-600987.html
https://forum.freeadvice.com/small-claims-courts-24/do-i-have-case-if-i-sue-house-payment-because-executrix-refuses-sign-over-de-601311.html#post3219975

They are all different questions so shouldnt they be in different threads?

 

[Ohiogal]

I dont understand how you figure that, the WILL gave me the house, my mother and father wanted me to have it. I helped them get it when no one else would, paid inspection feees, bills etc to get the house, everyone else said they would never paid them back, I said I dont care I want to help and gave them the money.

The will says the house was mine if I paid off her debt, I paid the debt. No one was put on the deed,its still in my mother and fathers name.

Your father didn't leave a will. Your mother can ONLY will what she owns. She cannot will other's property. Hence you are NOT entitled to the house.

 

[ecmst12]

No! They should not be in different threads! That's why we told you (more than once) to keep all your questions on the same situation in ONE thread!

 

[jbhenson]

ok I own 5/6 of the house, and my sister should have to pay for her 1/6 of the debt

Your father didn't leave a will. Your mother can ONLY will what she owns. She cannot will other's property. Hence you are NOT entitled to the house.

According to the attorneys I spoke with she owns 1/6 of the house, IF she pays the debt off, otherwise she owns a part of the debt which I already paid. She refuses to do anything, pay the debt anything, so can I sue her in small claims for her portion of the debt I paid off.

 

[Zigner]

According to the attorneys I spoke with she owns 1/6 of the house, IF she pays the debt off, otherwise she owns a part of the debt which I already paid. She refuses to do anything, pay the debt anything, so can I sue her in small claims for her portion of the debt I paid off.

I can guaran-dang-TEE you that the attorney did not say that. You are paraphrasing.

 

[Silverplum]

I can guaran-dang-TEE you that the attorney did not say that. You are paraphrasing.

IF we had signatures, I would quote that.

 

[jbhenson]

YEs do you want specific quotes of my attorneys?

I can guaran-dang-TEE you that the attorney did not say that. You are paraphrasing.

Im sorry yes I did paraphrase and I got the point accross didnt i?

Its all true isnt it?

 

[Zigner]

Im sorry yes I did paraphrase and I got the point accross didnt i?

Its all true isnt it?

Oy Vey!


No, it's not true the way you said it.

 

[anteater]

Im sorry yes I did paraphrase and I got the point accross didnt i?

Its all true isnt it?

What's all true?