Family Fued

[wtreynolds]

North Carolina. A friend of mine is the only living memeber of what was once a 5 member family. Her sister, brother, Mother and Father have all passed away. Her delimma is with her sister in law. My friend gave her brother co-ownership to a 12 acre tract that was once deeded solely to her. Almost as soon as the transaction went thru, her brother also died. Of course, now 1/2 interest to the property falls to his living wife and their 10 year old daughter. The sister in law has remarried and making things very difficult for my friend. My friend is in a financial disaster with medical bills, funeral bills, charge card bills that she ran up taking 100% of the care of her parents since 1996. Her plan was to cut the timber off the 12 acres to assist in paying off some of the debt left on her, since her parent's death. Now the sister in law remarried and is making my friend's life miserable. She is insisting on her splitting the money if the timber is sold. I suppose legally, she is required to split this profit with the sister in law? My question is can a gift be revoked? Can my friend "take back" the property from her sister in law, since things have changed and the brother she wanted to have the property is no longer alive. The sister in law could care less about the financial ruins my friend is in. Does my friend have any legal recourse? She also asked the sister in law if they could sell the property, and the sister in law does not want the property sold. Can they devide the property, and then she can do anything she wants with her 6 acres?? HELP??

 

[hexeliebe]

My question is can a gift be revoked? Can my friend "take back" the property from her sister in law, since things have changed and the brother she wanted to have the property is no longer alive.

Yes, a "GIFT" can be taken back. However, this is not a gift. This was a legal transaction and as such, cannot be undone except with the permission of the receiver.

Does my friend have any legal recourse?

Yes, cut the timber then pay 1/2 to the Sister in Law.

She also asked the sister in law if they could sell the property, and the sister in law does not want the property sold. Can they devide the property, and then she can do anything she wants with her 6 acres??

The answer to both of the above is YES. Have your friend see a real estate attorney about filing a Partition in Kind. This will allow the property to be split into equitable shares with each party paying a pro-rated amount of the legal costs.

The both can do as they wish with their HALF.

 

[wtreynolds]

family fued

Thanks, I was afraid of that. My mother in law was told by and attorney that the house she gave to her son could be taken back, or the gift "revoked", I don't see why this situation I've told you about isn't similar. The attorney told her to first "ask for the property back", if they refuse to give it back, they could take legal action. She was told that her she has a 90% chance of getting her house back. The son is now on drugs and stands to loose everything.

 

[I AM ALWAYS LIABLE]

My response:

I would love to talk with this so-called "attorney". I cannot believe that an attorney would ever say that a "pure gift" could ever be "revoked".

That would obviate the purpose of something being a "gift", wouldn't it? Of course it would. A gift is a transfer of ownership, in it's totality, of a "thing in chose" or real estate, that has no strings attached, such as a revocation clause. If a "gift" has a revocation clause, then it's NOT a gift.

IAAL

 

[wtreynolds]

My response:

I would love to talk with this so-called "attorney". I cannot believe that an attorney would ever say that a "pure gift" could ever be "revoked".

That would obviate the purpose of something being a "gift", wouldn't it? Of course it would. A gift is a transfer of ownership, in it's totality, of a "thing in chose" or real estate, that has no strings attached, such as a revocation clause. If a "gift" has a revocation clause, then it's NOT a gift.

IAAL

 

[I AM ALWAYS LIABLE]

My response:

Thank you for repeating that. I love seeing my words in print.

IAAL

 

[hexeliebe]

I think there's an echo ECHO in here

 

[wtreynolds]

That was an error please excuse me...

 

[I AM ALWAYS LIABLE]

My response:

That's okay. I just passed some gas. Please excuse me!

IAAL

 

[hexeliebe]

Happens all the time. And sometimes we have fun with it.

HOWEVER, did you notice that you received the answer to your question in the first response. And it's the only valid legal answer you're going to get here because we (at least those of us who try to act responsibly) won't tell you what you want to hear but what the law states?

(can I hear an amen on that brother IAAL???)

So now you know what to tell your friend. PARTITION IN KIND.

 

[I AM ALWAYS LIABLE]

My response:

Yeaaaa, Amen, Brother Hexy!

Except for the part where you say that "a "GIFT" can be taken back." I'm having some gastric problems with that one . . .

IAAL

 

[wtreynolds]

I pretty well knew the answer before I ever wrote you, but it never hurts to ask. Especially after my mother in law was told by and attorney at Pisgah Legal Services in Asheville, NC, that a gift could be revoked, withdrawn or whatever the hell you want to call it.

 

[hexeliebe]

It's called "Indian Giver" and I'm taking back everything I gave people over the last 49 years. (including that advice)

Oh wait, damn can't do that.

Oh well, I guess you need to tell your attorney to keep studying before he takes the bar. He might learn something.

 

[I AM ALWAYS LIABLE]

My response:

There is only ONE situation (at least that I can think of) where a "gift" can be revoked . . . and that is a gift given in contemplation of death.

For example, I'm on my deathbed, my Last Rights have been given to me, and Hexy, my very good buddy, is standing next to me with his ear to my mouth, and I say to him,

"I'm giving you 'I Wanna Be Like You'"*

Then, miracles of miracles occurs - - I make a complete recovery! Does Hexy still get to keep 'I Wanna Be Like You'?

Hell no he doesn't!

IAAL


* 'I Wanna Be Like You' is my 1967 Chevy Lowrider. It's name would take too long to explain.

 

[hexeliebe]

I remember what the name is

And you'd have to do one hell of a fast recovery to catch me running out the door to jump in and start that baby up.

Oh, by the way, I did not lay that electrical cable in the water you drooled over the side of your bed. It just magically appeared there