anotherjen
Junior Member
UPDATE: Who is correct on Estate division in OH? Wow, long...
Update:
My brother got some additional details--my grandfather had made up a beneficiary deed for my father for the house to be transferred at death. Our understanding is that since THIS is actually how the deed transferred, it is actually NOT part of the estate, so it is 100% owned by my father (wife is not owner but has some rights). The "intent" was to avoid probate and make it easier for my dad to sell and split proceeds, although I understand that "intent" is not necessarily enforceable.
However, a friend (attorney) of my brother's told him that since my dad communicated as the executor that the house WAS part of the estate and we were all equal shares, that my brother has grounds. He has multiple emails about this and also has an email from stepmom saying they are giving him the house to do with as he wishes. Which never happened and now she won't do.
My brother also feels that all the repairs/improvements he has made qualify for "unjust enrichment".
Thoughts? Also, Dad/wife are in IN, house/brother in OH, I'm in MI if it matters. Does she still need to sign with these circumstances? Should my brother hire an attorney? He will, but we assume it will be at substantial cost so it doesn't make sense if he has no legal grounds.
*****************original post*******************
What is the name of your state (only U.S. law)? OH
My grandfather passed away in 2010 and had a will (from 1990) stating for his estate to be divided equally between 4 parties--my father, and the three grandchildren. My father, the executor, did not enter the will into probate because he believed it was not necessary due to small estate. Pretty much the only assets were a life insurance policy (that was divided equally) and a small house ~$30k. At the time of my grandfather's death, my father had taken the will and put the house in his name. He assumed he just needed to get it out of my grandfather's name. Nothing was initially done with the house. My brother was living there at the time and after about a year, my dad and his wife suggested that due to excessive needed repairs, poor real estate market, and since everyone else was out of state, everyone should just let my brother keep it outright.
Ok, everything was fine, but then before my brother started to do some of the significant required repairs, he understandably wanted to get the house in his name. For nearly 3 years, my dad had one delay or another, but the majority of the delay appeared to be concerned about tax penalties of the transfer. My dad had a decline in finances himself no longer wanted to straight out gift his portion--which upset my brother. Their relationship deteriorated over this time. They finally came to an agreement this spring.
Now the big drama. My dad's wife REFUSES to sign off on the deed transfer. Her opinion is that the will is now void since it has been more than 5 years and the house is in my dad's name, so now it is 100% owned by my dad (and her). My dad does not agree with her (regardless of the legality) and is trying to get them (his wife and my brother) to compromise but both refuse to budge. We now realize that a lot of the delay in the transfer is due to his wife behind the scene. She is over the top angry/entitled and feels she deserves the house because their finances are no longer to the level she deserves...yes, we had no idea she was like this although we were never close. They lived above their means and did not change when their circumstances did so none of us have any desire to reward their poor decisions and financial planning. They are in no means destitute, but have no desire to change their quality of life...or at least her.
In part because of the market beginning to come back and in large part the updates my brother HAS already done, the house is now worth $53k. My brother has no desire to move and is still the only one in the state. He has paid every penny associated with the house for 7 years. They have paid nothing--however she feels that since he lived there rent free, he OWES them now and should just move out.
Both my dad's wife and my brother claim to have consulted attorneys and have been told they are 100% correct, but I believe in both cases, they are just consulting friends or doing the free consultation. My hands are somewhat tied at this point because I am out of state and really not involved. I am just tired of my family not communicating.
So does she have a legal leg to stand on? Is the will actually void at this point? If at all possible, please include links. She will not take my word.
The three grandchildren and my father all want the agreement my dad and brother made to be honored, but she won't sign the transfer. Is there a way around her? My dad does NOT want to get divorced...but we all want him to now!!!
Thanks! If you made it through my ramblings and very long post!
Update:
My brother got some additional details--my grandfather had made up a beneficiary deed for my father for the house to be transferred at death. Our understanding is that since THIS is actually how the deed transferred, it is actually NOT part of the estate, so it is 100% owned by my father (wife is not owner but has some rights). The "intent" was to avoid probate and make it easier for my dad to sell and split proceeds, although I understand that "intent" is not necessarily enforceable.
However, a friend (attorney) of my brother's told him that since my dad communicated as the executor that the house WAS part of the estate and we were all equal shares, that my brother has grounds. He has multiple emails about this and also has an email from stepmom saying they are giving him the house to do with as he wishes. Which never happened and now she won't do.
My brother also feels that all the repairs/improvements he has made qualify for "unjust enrichment".
Thoughts? Also, Dad/wife are in IN, house/brother in OH, I'm in MI if it matters. Does she still need to sign with these circumstances? Should my brother hire an attorney? He will, but we assume it will be at substantial cost so it doesn't make sense if he has no legal grounds.
*****************original post*******************
What is the name of your state (only U.S. law)? OH
My grandfather passed away in 2010 and had a will (from 1990) stating for his estate to be divided equally between 4 parties--my father, and the three grandchildren. My father, the executor, did not enter the will into probate because he believed it was not necessary due to small estate. Pretty much the only assets were a life insurance policy (that was divided equally) and a small house ~$30k. At the time of my grandfather's death, my father had taken the will and put the house in his name. He assumed he just needed to get it out of my grandfather's name. Nothing was initially done with the house. My brother was living there at the time and after about a year, my dad and his wife suggested that due to excessive needed repairs, poor real estate market, and since everyone else was out of state, everyone should just let my brother keep it outright.
Ok, everything was fine, but then before my brother started to do some of the significant required repairs, he understandably wanted to get the house in his name. For nearly 3 years, my dad had one delay or another, but the majority of the delay appeared to be concerned about tax penalties of the transfer. My dad had a decline in finances himself no longer wanted to straight out gift his portion--which upset my brother. Their relationship deteriorated over this time. They finally came to an agreement this spring.
Now the big drama. My dad's wife REFUSES to sign off on the deed transfer. Her opinion is that the will is now void since it has been more than 5 years and the house is in my dad's name, so now it is 100% owned by my dad (and her). My dad does not agree with her (regardless of the legality) and is trying to get them (his wife and my brother) to compromise but both refuse to budge. We now realize that a lot of the delay in the transfer is due to his wife behind the scene. She is over the top angry/entitled and feels she deserves the house because their finances are no longer to the level she deserves...yes, we had no idea she was like this although we were never close. They lived above their means and did not change when their circumstances did so none of us have any desire to reward their poor decisions and financial planning. They are in no means destitute, but have no desire to change their quality of life...or at least her.
In part because of the market beginning to come back and in large part the updates my brother HAS already done, the house is now worth $53k. My brother has no desire to move and is still the only one in the state. He has paid every penny associated with the house for 7 years. They have paid nothing--however she feels that since he lived there rent free, he OWES them now and should just move out.
Both my dad's wife and my brother claim to have consulted attorneys and have been told they are 100% correct, but I believe in both cases, they are just consulting friends or doing the free consultation. My hands are somewhat tied at this point because I am out of state and really not involved. I am just tired of my family not communicating.
So does she have a legal leg to stand on? Is the will actually void at this point? If at all possible, please include links. She will not take my word.
The three grandchildren and my father all want the agreement my dad and brother made to be honored, but she won't sign the transfer. Is there a way around her? My dad does NOT want to get divorced...but we all want him to now!!!
Thanks! If you made it through my ramblings and very long post!
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