Help with Mom's house with all family members on Deed.

[Savatage]

What is the name of your state (only U.S. law)? NY
Here is the situation. As a family we all agreed that we needed to save Mom's townhouse because she was heading down the road to a nursing home and she wanted something for all of us to have when she passed. We did a living will on her townhouse and all of us are on the deed. we waited the 5 year look back for medicaid and all was good, medicaid requested at least 6 years of statements so they could look back at my moms finances. Since I am the POA I submitted to them 7 years worth which they found no discrepancies. I will try to sum this up quick but I could write a book with all that has happened since she went in the home. We all wanted to sell the house but that went on the wayside. Me and my sister still want to sell it but my other three siblings do not want to sell it out of spite and are doing nothing to help me with bills. I did get a lawyer and sent them several letters trying to work things out but nothing came of it. I can't afford a lawyer anymore... We even tried to do a partition but I have since dropped that notion as I can't afford it and got threatening letter from other three siblings that they would sue me for mismanagement of my Mom's house. They refuse to help me pay bills which up till now has been coming out of my moms last remaining funds in her bank. I have under 200 dollars left and I don't know how I am going to pay for the upcoming taxes. Is there ANYTHING I can do since they are not helpng pay bills and their names are on the deed so by law I thought you had to help pay your % of the bills?? They say they want to keep the house till mom passes but that could be years from now and I have no money to help maintain the upkeep of the townhouse. They even said they didn't care if the house got repossessed by the state. There has to be something I can do if they plan on sabotaging the house like that. Like I said, I am my Mom's POA and health care proxy. Please let me know what my options are.

 

[LdiJ]

What is the name of your state (only U.S. law)? NY
Here is the situation. As a family we all agreed that we needed to save Mom's townhouse because she was heading down the road to a nursing home and she wanted something for all of us to have when she passed. We did a living will on her townhouse and all of us are on the deed. we waited the 5 year look back for medicaid and all was good, medicaid requested at least 6 years of statements so they could look back at my moms finances. Since I am the POA I submitted to them 7 years worth which they found no discrepancies. I will try to sum this up quick but I could write a book with all that has happened since she went in the home. We all wanted to sell the house but that went on the wayside. Me and my sister still want to sell it but my other three siblings do not want to sell it out of spite and are doing nothing to help me with bills. I did get a lawyer and sent them several letters trying to work things out but nothing came of it. I can't afford a lawyer anymore... We even tried to do a partition but I have since dropped that notion as I can't afford it and got threatening letter from other three siblings that they would sue me for mismanagement of my Mom's house. They refuse to help me pay bills which up till now has been coming out of my moms last remaining funds in her bank. I have under 200 dollars left and I don't know how I am going to pay for the upcoming taxes. Is there ANYTHING I can do since they are not helpng pay bills and their names are on the deed so by law I thought you had to help pay your % of the bills?? They say they want to keep the house till mom passes but that could be years from now and I have no money to help maintain the upkeep of the townhouse. They even said they didn't care if the house got repossessed by the state. There has to be something I can do if they plan on sabotaging the house like that. Like I said, I am my Mom's POA and health care proxy. Please let me know what my options are.

All you can do is pay the taxes and then sue your siblings for their share.

 

[Savatage]

That's just it, I can't afford to pay the taxes on two properties or take them to court after. If I had tons of money I would. So basically they can sit back and let the house rot and be repossessed? Will my credit suffer if that happens?

 

[LdiJ]

That's just it, I can't afford to pay the taxes on two properties or take them to court after. If I had tons of money I would. So basically they can sit back and let the house rot and be repossessed? Will my credit suffer if that happens?

It would effect everybody's credit. You are all on the deed. You might point that out to them. You also might point out that selling it would get them some money AND protect everyone's credit, while refusing to do so is just going to damage everyone's credit. Unless they have some reason that is not "spite" why they are refusing to sell. I really do think that their refusal to sell must have to do with more than spite, because its not logical, and even less logical that three of them would be so illogical.

 

[Savatage]

My ex-lawyer saw for herself what kind of people they are and she was amazed. one was even bold to threaten her if we went through with the partition. My sister and i just want to sell it and be done with it and them. I have told them about the credit thing but they don't care. I've tried to reason with them many times with no luck. i even had one lawyer walk out of the room because the yelling and screaming got out of hand.. So, the best I can do is just let the house get repossessed. Nobody gets anything except bad credit. At least I'll be done with them. I even offered them to buy us out, no response. Like i said, they don't care if the house gets repossessed, which is disrepecful to our mother. Thanks for the info.

 

[LdiJ]

My ex-lawyer saw for herself what kind of people they are and she was amazed. one was even bold to threaten her if we went through with the partition. My sister and i just want to sell it and be done with it and them. I have told them about the credit thing but they don't care. I've tried to reason with them many times with no luck. i even had one lawyer walk out of the room because the yelling and screaming got out of hand.. So, the best I can do is just let the house get repossessed. Nobody gets anything except bad credit. At least I'll be done with them. I even offered them to buy us out, no response. Like i said, they don't care if the house gets repossessed, which is disrepecful to our mother. Thanks for the info.

This is crazy, what is it that they want? You have to know SOMETHING about why they are behaving this way?

 

[Savatage]

Well, i think it goes back way before this mess happened, my mother took my "good" sister aside one day and she said she didn't want to have my oldest brother be the lead executor of the will because she didn't trust him so my mom made my sister co executor with him. Then, when we did the living will, my mom appointed me as POA because she knew she could trust me. I have been taking care of my mom for over 20 years since my father died. You name it I did it. I even took her into my house for three years prior to her going into the nursing home as I wanted to keep her out as long as possible. like i said, i could write a novel of all the crap my family has done. My mom even told my younger sister that she does not trust the oldest Son because he steals things from my house.. My mom is now 91 and I'll do anything for her until that day comes, the other three come visit/ call her maybe 2 times a year, I go see my mom every weekend without fail. I want to sell the house because my mom still has a vested share she would get which I can use to pay her funeral expenses, right now she really has no money to do that, nor do I. So I'm gonna assume that is the reason, plus I'm the "little brother" that the oldest brother does not want to take orders from. It's very messed up.

 

[Savatage]

Getting back to the credit question, there is no mortgage on the house, just a few bills and an home owners association. The townhouse was paid with cash when she bought it. I know the bills will add up and we will get penalized but how will we get bad credit?

 

[LdiJ]

Getting back to the credit question, there is no mortgage on the house, just a few bills and an home owners association. The townhouse was paid with cash when she bought it. I know the bills will add up and we will get penalized but how will we get bad credit?

The deed is in all of your names. Therefore the HOA fees and the property taxes are debts belonging to all of you. Those debts will get reported on everyone's credit reports.

 

[Savatage]

OK, thanks. I really need to know that as i will consider giving my share to my sister as i can't get bad credit as my Son will be going to College soon and bad credit will not help.