House sold illegally by a family member...

[ghostsoulsx57]

What is the name of your state? Oklahoma

Hi:

I have an issue involving the sale of my deceased mother's home. Before my mom died, my sister was living with her, and years ago she got my mom to put her name on the deed. After talking to my mom, she asked her to take it off but she wouldn't. That was in 2005.

My mom passed January, 2017. All this time my sister still lived with her, but contributed nothing. We are talking adults here. My mom passed at age 90, my sister is age 55. When my mom started getting ill and my sister would not take care of her. I took my mom to my home and cared for her until the day she died. With no help from my sister.

There was and still is not any will. My mom didn't have one. Can't change that fact now. But myself and 2 other sisters did not want to get involved in this mess. It was understood by my sister, she could stay in the home, rent free (it was paid off), and only pay the utilities.

So, for the past few years, she has been living there, until we had a falling out. She wanted to sell the house and I said no. I was the one in charge of everything for my mom, her bank, her finances, her bills, he social security, just every thing. I thought that was the end of it.

So I just now found out, Last month she file some sort of Affidavit of conveyance, which says my mom gave her rights to the property back in 2005. Which is an outright lie. Many in the family know this is not true. She told another family member there was some sort of "snafu" with the title being turned into her name and she had to file additional papers, although I don't know what she filed. I do know the title specifically says owners are: Name 1 AND Name 2, no "or", no "and/or", so I am thinking that was the issue. And now after filing all that everything going back to 2005 is HER name only and my mom's name is not on there, although it is still in the pdf of the original sale records.

But whatever she filed, it worked and the house was put solely into her name and withing 4 days, she sold the house and left with all the money.

Is there anything that can be done here? I am 100% positive she lied when signing that affidavit. Then taking the money and not splitting it among the 4 remaining children, my self, her, and 2 other sisters. Or has she just gotten away with everything, and I need to just walk away?

 

[quincy]

What is the name of your state? Oklahoma

Hi:

I have an issue involving the sale of my deceased mother's home. Before my mom died, my sister was living with her, and years ago she got my mom to put her name on the deed. After talking to my mom, she asked her to take it off but she wouldn't. That was in 2005.

My mom passed January, 2017. All this time my sister still lived with her, but contributed nothing. We are talking adults here. My mom passed at age 90, my sister is age 55. When my mom started getting ill and my sister would not take care of her. I took my mom to my home and cared for her until the day she died. With no help from my sister.

There was and still is not any will. My mom didn't have one. Can't change that fact now. But myself and 2 other sisters did not want to get involved in this mess. It was understood by my sister, she could stay in the home, rent free (it was paid off), and only pay the utilities.

So, for the past few years, she has been living there, until we had a falling out. She wanted to sell the house and I said no. I was the one in charge of everything for my mom, her bank, her finances, her bills, he social security, just every thing. I thought that was the end of it.

So I just now found out, Last month she file some sort of Affidavit of conveyance, which says my mom gave her rights to the property back in 2005. Which is an outright lie. Many in the family know this is not true. She told another family member there was some sort of "snafu" with the title being turned into her name and she had to file additional papers, although I don't know what she filed. I do know the title specifically says owners are: Name 1 AND Name 2, no "or", no "and/or", so I am thinking that was the issue. And now after filing all that everything going back to 2005 is HER name only and my mom's name is not on there, although it is still in the pdf of the original sale records.

But whatever she filed, it worked and the house was put solely into her name and withing 4 days, she sold the house and left with all the money.

Is there anything that can be done here? I am 100% positive she lied when signing that affidavit. Then taking the money and not splitting it among the 4 remaining children, my self, her, and 2 other sisters. Or has she just gotten away with everything, and I need to just walk away?

If your sister’s name was on the deed, the house was hers. She could sell it.

 

[ghostsoulsx57]

ty

 

[quincy]

ty

You’re welcome. I appreciate the thanks.

 

[Taxing Matters]

If your sister’s name was on the deed, the house was hers. She could sell it.

I don't agree. Your answer seems to presume that if the sister's name was on the deed that it would allow her to sell all of the interest in the property. We don't have enough facts to reach that conclusion. The sister could only sell her interest in the home and it is far from clear from the facts we have what her interest in the home was. She may not have been entitled to ownership of the whole property after the mother died. The only was to know that is for the OP to consult an attorney for a review of the entire record of what happened. Without seeing the deeds and any other related documents, including court filings, it is impossible to determine what rights the sister legitimately had in the home. So my recommendation is for the OP to see a real estate lawyer in the state where the home is located for advice. Depending on exactly what happened the OP and the other siblings may well have some recourse here.

 

[quincy]

I don't agree. Your answer seems to presume that if the sister's name was on the deed that it would allow her to sell all of the interest in the property. We don't have enough facts to reach that conclusion. The sister could only sell her interest in the home and it is far from clear from the facts we have what her interest in the home was. She may not have been entitled to ownership of the whole property after the mother died. The only was to know that is for the OP to consult an attorney for a review of the entire record of what happened. Without seeing the deeds and any other related documents, including court filings, it is impossible to determine what rights the sister legitimately had in the home. So my recommendation is for the OP to see a real estate lawyer in the state where the home is located for advice. Depending on exactly what happened the OP and the other siblings may well have some recourse here.

Possibly. Consulting with an attorney for a personal review is always an option.

 

[zddoodah]

years ago she got my mom to put her name on the deed.

Please elaborate. What exactly does this mean. For the time being, I'll assume that, in 2005, your mother, as owner of a 100% fee simple interest in the home, executed a new deed that transferred her interest from herself to herself and your sister. For the time being, I'll assume that they are identified as joint tenants. Please say so if my assumptions are incorrect, because, if they are not correct, it will drastically change what I'm about to write.

After talking to my mom, she asked her to take it off but she wouldn't.

Huh? First you tell us that your sister "got [your] mom to put [your sister's] name on the deed," but now you're telling us that your sister "asked [your mother] to take it [your sister's name] off [the deed]." Why would she do that?

Also, you cannot "take [a name] off" of a deed. If my assumption stated above is accurate, once your mother transferred an interest in the home to your sister, your mother had no ability to take that interest back.

There was and still is not any will. My mom didn't have one.

Was her estate probated after her death five years ago? If not, why not?

It was understood by my sister, she could stay in the home, rent free (it was paid off), and only pay the utilities.

Well...it was apparently her house, so it makes sense that this would be her understanding (although she also should have paid any mortgage, property taxes and insurance).

She wanted to sell the house and I said no.

Why do you think you had any legal ability to dictate what would happen with the house?

So I just now found out, Last month she file some sort of Affidavit of conveyance, which says my mom gave her rights to the property back in 2005. Which is an outright lie.

Given your statement that, in 2005, your "sister . . . got [your] mom to put [your sister's] name on the deed," how could this be a lie?

Is there anything that can be done here?

If my assumptions are correct, the house became solely your sister's property, and it was not part of your mother's estate. If that's correct then she was entitled to sell it as she wished and do as she pleased with the sale proceeds.

 

[Taxing Matters]

For the time being, I'll assume that they are identified as joint tenants. Please say so if my assumptions are incorrect, because, if they are not correct, it will drastically change what I'm about to write.

A critical assumption to be sure. And one reason why I think the OP should see an attorney who can read the deed record and sort out what rights, if any, the OP may have had in the property.

 

[quincy]

A critical assumption to be sure. And one reason why I think the OP should see an attorney who can read the deed record and sort out what rights, if any, the OP may have had in the property.

A few assumptions have been made, true. But, ghostsoulsx57 said, “ ... everything going back to 2005 is in HER (the sister’s) name only.” It sure sounds to me that the sister had the legal right to sell the house and keep the proceeds.

Again, though, an attorney who can personally review the facts and documents can determine this better. I do find it interesting that the other sisters have no interest in exploring the matter.

 

[Taxing Matters]

I do find it interesting that the other sisters have no interest in exploring the matter.

Families have all sorts of relationships, and as you likely know sometimes after the death of parents some children just want to move on and not fight about stuff, even if they might benefit financially from doing so. So I don't put much weight on that.

 

[quincy]

Families have all sorts of relationships, and as you likely know sometimes after the death of parents some children just want to move on and not fight about stuff, even if they might benefit financially from doing so. So I don't put much weight on that.

All families are different. I agree.

 

[commentator]

Frankly, what I see here is a difference between feelings ( I should deserve something, this is not fair, my sister did NOTHING for my mother, who'd given her the house, I took her home and she was taken care of by me, she did not help at all or pay a penny!) and the legal situation, which is that the mother put the sister on the deed, no way she could've taken her off, even if sister told her to, or requested that she do so, which she obviously did not try to do anyhow.

Now, when the sister tries to do what she apparently is entitled to do, since she appears to be the owner of the house, feelings are ruffled. As long as they felt they were letting the sister live in the house, they weren't facing the fact that she is apparently the owner and has the right to do whatever she wants to with the property. But when she starts to move to sell it, one of the other family members, the one who feels like she did the most for their mother anyway, when her sister did not, is really bent out of shape. This has been a long time, really, over five years, and I can see where other family members would not want to get involved. I think talking to an attorney, who is probably going to explain something you just do not want to hear, is the best course.

 

[Zigner]

Families have all sorts of relationships, and as you likely know sometimes after the death of parents some children just want to move on and not fight about stuff, even if they might benefit financially from doing so. So I don't put much weight on that.

According to the OP, even s/he didn't want to get involved, which changed when the sister pissed him/her off.

But myself and 2 other sisters did not want to get involved in this mess. ...
So, for the past few years, she has been living there, until we had a falling out.

This isn't about the money - it's about a grudge.

 

[quincy]

According to the OP, even s/he didn't want to get involved, which changed when the sister pissed him/her off.

This isn't about the money - it's about a grudge.

That is certainly the impression I was left with after reading the original post.

 

[Taxing Matters]

This isn't about the money - it's about a grudge.

That's what it does look like to me, too. Doesn't mean that there isn't something for the OP to pursue anyway. But I'd caution any client of mine in that situation to consider the effect on family relations before starting that fight. It could make a bad situation worse. Folks in this situation may have to make a choice between the money and keeping/improving relations with relatives. A lot of that turns on how close they were to begin with.