Complicated Familial Dispute Over Real Estate, No Will

[Gorgon13]

So, where to begin?

My father passed many years ago, leaving my mother, myself, and 2 older siblings. Since he had no will, his real estate, our family home, land, and the garage with an upstairs apartment, reverted to us in a 50% share for my mother, and the other 50% to be split equally amongst the children, per state law I believe. One of my siblings transfered complete and total ownership of their portion of the property to my mother of their own free will, be it under poor advice from a distant family member. I and my other sibling retained our portions.

Now, the siblng that WILLINGLY GAVE UP THEIR PORTION OF THE INHERITED PROPERTY is saying that I, as partial owner of the full estate at a 16.66% share (to the best of my knowledge) cannot live in the aforementioned garage apartment without express written consent from my mother, majority share holder of the property, nor can I demand that said sibling remove their things from STORAGE from the apartment . They do not live there, they simply store their overabundance of vintage electronic equipment there. They also say that our mother could take my portion at any time on a whim with minimal legal effort. Also, according to this entitled sibling, I cannot demand the sibling in question stay out of the building once I occupy it and have no legal recourse should they make themselves a menace in anyway, such as noise polution via the downstairs sound system (which they have spitefully been doing).

This all sounds absurd and quite frankly, I’ve had enough it. I just want to know what my legal options are regarding inhabiting my inherited property and putting a stop to my bully of a sibling in an iron clad way. Thank you.

 

[FlyingRon]

First off, "I believe" doesn't mean much. Was the estate probated? Was the house really owned by the father alone and not jointly or by the entirety. In fact, that's the presumption unless things are specifically stated otherwise.

The next question is how did the sibling give up the inheritance. Just staying "I don't want it" won't mean much. It has to be a written release of claim or deed.

If they really did give up the interest, they're in no business forcing anything with the property. The problem occurs that while you are free to occupy the structure the other current owners are free to do so as well and to permit him to do so or store stuff there.

I would suggest you get to a lawyer to get to the bottom of what appears to be rather vague (and perhaps shady) situation.

 

[Gorgon13]

Yes, it was probated. It was also his and his alone - my mother is terrible with finances, so, for obvious reasons, he safeguarded all that he could.

If it makes matters any clearer, the state is Kentucky. I’m not sure on the laws here myself. This is what was always relayed to me since he died when I was a an older child (I got 1/3 of a 50% share). I plan to look into things further on Monday, when our court system is open again. I was just hoping for some sort of direction to go in on here.

The transfer of ownership was legal and binding - papers signed, notarized, all the bells and whistles, I know that much.

My mother is terrified of this sibling, as they have always been and still are a spoiled bully. My other sibling is with me against the former sibling’s tyranical behavior, while my mother did explain to them nicely how they need to move their things for me to occupy the space. So, essentially, my other family is telling the tyrant sibling to sit down and act like an adult since they gave up their rights of ownership to the property.

If I do indeed own the portions I have been told by all involved, is this something worth going to a lawyer over? I mean, should I spend the time and money to prove a point to someone who is being an extreme nuisance/burden while I try to occupy a space that I have a right to? I’m happy to duke it out legally IF it’s worth the effort, but I want to know if this is the avenue I should take.

 

[FlyingRon]

You don't have exclusive rights to space. If they are being permitted to use the space by others, you are going to have a harder time. Absent your mother being found to be incompetent and having a guardian appointed, she's presumed able to deal with her ungrateful children.

 

[Gorgon13]

I’m not saying I have exclusive rights, just that I have a right to live there if everyone with their names legally on the property is signing off on it, which they are.

 

[not2cleverRed]

A simple legal way to deal with this is to enter into a formal agreement with you co-owners (mom, sibling) that you are to have exclusive use of the garage apartment for [time period of your mutual choice]. This would effectively nullify your bully sibling's argument.

Some observations:

Perhaps, if your mom is such a disaster with money, the whole thing should be in a trust, with you and your quieter siblings as trustees, with decision making ability on property management.

Perhaps, since your mother likely does not have a will, you should consider what will happen when she passes. It might be worth it to buy her out, if you can. Otherwise, you have to accept that the bully sibling will be a thorn in your side.

Of course, the bully sibling might convince mom to put together a will, or maybe mom isn't the flighty birdbrain people think she is. You should consider the possibility that mom is going to leave her estate to the bully. After all, she might reason, he so generously surrendered his inheritance to her. (<-- How am I to know her thought process?)

 

[LdiJ]

A simple legal way to deal with this is to enter into a formal agreement with you co-owners (mom, sibling) that you are to have exclusive use of the garage apartment for [time period of your mutual choice]. This would effectively nullify your bully sibling's argument.

Some observations:

Perhaps, if your mom is such a disaster with money, the whole thing should be in a trust, with you and your quieter siblings as trustees, with decision making ability on property management.

Perhaps, since your mother likely does not have a will, you should consider what will happen when she passes. It might be worth it to buy her out, if you can. Otherwise, you have to accept that the bully sibling will be a thorn in your side.

Of course, the bully sibling might convince mom to put together a will, or maybe mom isn't the flighty birdbrain people think she is. You should consider the possibility that mom is going to leave her estate to the bully. After all, she might reason, he so generously surrendered his inheritance to her. (<-- How am I to know her thought process?)

I do agree with what you are saying, but it does not appear that mom is quite that flighty. Per post number three mom did seem to be backing up the OP.

OP, this is not something for which you need an attorney. Getting it in writing from mom and any other siblings who own the property that you have the exclusive right to use the garage apartment would definitely be a good thing. Otherwise, if there is any other storage space available in the home, you might just move your brother's junk there. Your brother certainly has no right to enter the apartment since he has no ownership in the home. You should change the locks to the apartment if you believe that he has a key.

 

[not2cleverRed]

I do agree with what you are saying, but it does not appear that mom is quite that flighty. Per post number three mom did seem to be backing up the OP.

OP, this is not something for which you need an attorney. Getting it in writing from mom and any other siblings who own the property that you have the exclusive right to use the garage apartment would definitely be a good thing. Otherwise, if there is any other storage space available in the home, you might just move your brother's junk there. Your brother certainly has no right to enter the apartment since he has no ownership in the home. You should change the locks to the apartment if you believe that he has a key.

Per the first post, Mom caves when the bully asks, so the bully has "permission" from the majority owner.

Hence the need for the written agreement.

 

[Brian 777]

So, where to begin?

My father passed many years ago, leaving my mother, myself, and 2 older siblings. Since he had no will, his real estate, our family home, land, and the garage with an upstairs apartment, reverted to us in a 50% share for my mother, and the other 50% to be split equally amongst the children, per state law I believe. One of my siblings transfered complete and total ownership of their portion of the property to my mother of their own free will, be it under poor advice from a distant family member. I and my other sibling retained our portions.

Now, the siblng that WILLINGLY GAVE UP THEIR PORTION OF THE INHERITED PROPERTY is saying that I, as partial owner of the full estate at a 16.66% share (to the best of my knowledge) cannot live in the aforementioned garage apartment without express written consent from my mother, majority share holder of the property, nor can I demand that said sibling remove their things from STORAGE from the apartment . They do not live there, they simply store their overabundance of vintage electronic equipment there. They also say that our mother could take my portion at any time on a whim with minimal legal effort. Also, according to this entitled sibling, I cannot demand the sibling in question stay out of the building once I occupy it and have no legal recourse should they make themselves a menace in anyway, such as noise polution via the downstairs sound system (which they have spitefully been doing).

This all sounds absurd and quite frankly, I’ve had enough it. I just want to know what my legal options are regarding inhabiting my inherited property and putting a stop to my bully of a sibling in an iron clad way. Thank you.

I’ve never used this site before, your question was applicable but how do I read the responses to your quistion?

 

[xylene]

I’ve never used this site before, your question was applicable but how do I read the responses to your quistion?

Please post your own question in your own new thread.

This is a PUBLIC forum. Everything to read is readable for everyone.

Please DO NO dredge up old threads.