Asset Inheritence

[GShaw]

South Carolina

Several years before she died my Grandmother transferred the ownership of a property to my two uncles with the stipulation that were it to be sold I would be paid some amount. This was due to my mom's passing some years before and she would have been a third heir.
What's happening is one uncle is buying the other out, his intent is to leave the property to his children for future generations. Which means it will likely never be sold.
I see two things happening here, one is 1/2 of it is being sold, yet they don't consider that being sold since it is a transfer between the two owners.
The other, this now becomes an unobtainable asset for me and my family.

As yet I cannot get them to provide me with the actual documents that state the above stipulation yet they have told me numerous times it exist. I don't want to hire a lawyer for this since it is dealing with family, but I need to know what my options are.

 

[FlyingRon]

As yet I cannot get them to provide me with the actual documents that state the above stipulation yet they have told me numerous times it exist. I don't want to hire a lawyer for this since it is dealing with family, but I need to know what my options are.

Your options are really to hire a lawyer, and even then it's not clear you have much hope.
Your grandmother was foolhardy in doing estate planning that way (if that is indeed what it was). I have my doubts if there is any enforceable agreement that you can prevail upon for a share of the house.

 

[GShaw]

I agree it was a very bad estate move by my very elderly grandmother, elder law should have been involved.
The only actual agreement I'm aware of is the payment to me upon sell of property. I only found out about it when they put it up for sale a few years ago when the market tanked, so it didn't sell. Now, one is buying out the other for his grown kids.
What I've asked from them is copies of the agreement so that I can include it in the asset portion of my Will. I honestly don't know if this can be considered a Lien or not since upon sale I or my estate will have to be satisfied.

For personal reasons I now have zero desire to be involved in ownership of the property.
With it being sold one uncle to the other I'd considered that as it being sold, I get paid and get myself and family away from the drama completely.
I'd like to assume that any change in names on the Deed stipulates change of ownership, but I suppose an attorney and judge would have to debate that.
Should it not be sold before I die it would still be a future asset to one of my beneficiaries.

 

[adjusterjack]

Look up the deed that transferred the property to the uncles. You can find it in the county recorder's records.

Look up your grandmother's probate case file at the probate court to see if her will made any mention of a bequest to you.

If you come up empty, you've got no proof that any such arrangement was ever made and you might need to accept that and get on with your life.

 

[NC Aggie]

Unfortunately, this sounds like a situation that would require assistance of a lawyer to verify if you have a valid claim in any ownership stake in the property...unless your uncle(s) choose to honor this previous "agreement". Unfortunately, your options and success in obtaining an asset from this previous agreement doesn't sound promising. An agreement (written or verbal) between your grandmother and your uncles wouldn't be the same as something conveyed within a will. Once your grandmother passed away, then any previous agreement between her and your uncles are essentially distinguished. And since your uncles' names are on the deed, I don't think they have any legal requirement to compensate you in any way. I understand what your grandmother's intent probably was, but unfortunately it appears it won't work out in your favor.

 

[GShaw]

I'm giving my uncle the opportunity to provide a copy, he was the executor and was the one that told me about this agreement. At one point he said it was written into something but was very vague.
Getting copies from Probate is my next move should he not produce this document.
Beyond that, if there is no paper trail I have no interest to pursue it, but I am giving them the opportunity to do the right thing so this last issue can be put behind us.

Not a legal but rhetorical question, why would they even tell me about it if they hadn't planned to honor it?

 

[Zigner]

Not a legal but rhetorical question, why would they even tell me about it if they hadn't planned to honor it?

From Wikipedia: A rhetorical question is a figure of speech in the form of a question that is asked to make a point rather than to elicit an answer.

It's good that you really don't expect an answer, since your question is unanswerable by any other than the folks who told you.

 

[GShaw]

It's good that you really don't expect an answer, since your question is unanswerable by any other than the folks who told you.

It's called, Venting.

 

[latigo]

Look up your grandmother's probate case file at the probate court to see if her will made any mention of a bequest (?) to you.

Why so? The land was transferred inter vivos by the very deed you curiously think the OP needs to find and examine.

But let's suppose that in her will grandma did made mention of her intention and purpose in transferring the land to her two sons giving the precise details the OP is seeking? On what evidentiary theory would such a separate and detached declaration be admissible against the uncles; be binding upon them?

 

[GShaw]

I was able to access online the property/deed transfer from my Grandmother to my uncles through the County website. No mention of me or my mom in it, just a $10 value listed for the transfer of property to them. FYI, $250K value transferred for a $10 value.
Probate doesn't have Will access online but I seriously doubt it would be in her Will unless she'd updated it. I could see her having an attorney write something out and having them sign and notarize it though, that'd be more her style.
I'll just have to wait and see how my uncle responds to my request. If the renege on the deal then I can move on knowing who and what they are.
Doesn't matter to me if it's $250 or $25K, I just want the resolution of it, they're the ones that kept bringing it up, usually when they wanted me to do something for them.

Update: My wife reminded me that when my Grandmother was still alive she did in fact tell me personally that she'd made the arrangement, but no details as to how it was done. I may have not remembered her saying that as I was pretty upset at loosing another family member at the time. Probably why the discussion about estates came up then.
Probably not admissible, but verification for myself.

 

[Zigner]

Update: My wife reminded me that when my Grandmother was still alive she did in fact tell me personally that she'd made the arrangement, but no details as to how it was done. I may have not remembered her saying that as I was pretty upset at loosing another family member at the time. Probably why the discussion about estates came up then.
Probably not admissible, but verification for myself.

It's not a matter of admissibility, it's a matter of relevance. It doesn't matter what she "told" you.

 

[GShaw]

It's not a matter of admissibility, it's a matter of relevance. It doesn't matter what she "told" you.

Like I said, it's just verification for myself that I was "told" by my Grandmother, not just my Uncles.
Jeez...

 

[Zigner]

Like I said, it's just verification for myself that I was "told" by my Grandmother, not just my Uncles.
Jeez...

Some people appreciate having more information. Some people roll their eyes.

 

[NC Aggie]

Update: My wife reminded me that when my Grandmother was still alive she did in fact tell me personally that she'd made the arrangement, but no details as to how it was done. I may have not remembered her saying that as I was pretty upset at loosing another family member at the time. Probably why the discussion about estates came up then.
Probably not admissible, but verification for myself.

Again, as I stated in my original request. Any "agreement" your grandmother made with your uncles was distinguished once she passed away. And as you've explained it, she asked them to share any proceeds from the sell of the property. Assuming they were to honor the agreement, I think there's still question about whether you would be entitled to anything since they're not selling it.

 

[FlyingRon]

If she deeded the property to them while alive, it really matters not what she put in her will. If the property isn't owned by the deceased at the time of death, the will affect that.