How do I get 100% of my condo back?

[Colsanders]

My parents had a condo in Hawaii and they put my name on the deed in 1992 because they were concerned I would need it someday.

My father passed in 2005, which left me and my Mom as co-owners of the condo.

Somewhere around 2009 my sister went behind my back and had my Mom turn over her half of the condo to the rest of my 5 brothers and sisters without my knowledge or consent.

My Mom has now passed but I am still 50% owner of the condo. I want the other 50% back based on the following reasons:

1) I believe my sister forged my Mom's signature or had her sign the transfer without knowing what it was. She does not read English nor speak it very well.

2) I want to charge my sister for elderly abuse. My sister collected my Mom's Social Security payments and put her in a terrible home that she didn't want to be in and my Mom was so unhappy she literally starved herself to death.

3) My sister has taken advantage of a disabled person, which is me. I am permanently disabled for bipolar disorder and receive SSDI.

4) My sister also signed the transfer pages and sent them from Washington State. Shouldn't she have done that in Hawaii?

Do I have a case? What are my options?

 

[LdiJ]

My parents had a condo in Hawaii and they put my name on the deed in 1992 because they were concerned I would need it someday.

My father passed in 2005, which left me and my Mom as co-owners of the condo.

Somewhere around 2009 my sister went behind my back and had my Mom turn over her half of the condo to the rest of my 5 brothers and sisters without my knowledge or consent.

My Mom has now passed but I am still 50% owner of the condo. I want the other 50% back based on the following reasons:

1) I believe my sister forged my Mom's signature or had her sign the transfer without knowing what it was. She does not read English nor speak it very well.

2) I want to charge my sister for elderly abuse. My sister collected my Mom's Social Security payments and put her in a terrible home that she didn't want to be in and my Mom was so unhappy she literally starved herself to death.

3) My sister has taken advantage of a disabled person, which is me. I am permanently disabled for bipolar disorder and receive SSDI.

4) My sister also signed the transfer pages and sent them from Washington State. Shouldn't she have done that in Hawaii?

Do I have a case? What are my options?

Unless the condo was titled between you and mom as joint tenancy with the right of survivorship or joint tenants in the entirety you would not necessarily automatically have gotten mom's share of the condo when she passed away. You would need a consult with a local real estate attorney who can review all of the chain of deeds to see what your position would have been if mom had died intestate. (without a will) Your siblings might have received a share anyway.

 

[Zigner]

Buy out the other owners...

 

[LdiJ]

Buy out the other owners...

OP is on SSDI. Not much chance that OP will qualify for a mortgage on a condo in Hawaii...even if its just half of the value of the condo.

 

[adjusterjack]

Do I have a case?

I don't know. Do you have any evidence that will hold up in court?

What are my options?

Buy out the other owners...

Or sell out to the other owners.

Or file a Partition Action (google it) to force the sale of the property. That's probably not too practical since you probably can't afford a lawyer and you'd still only get 50%.

By the way, who is living in the condo?

 

[Zigner]

OP is on SSDI. Not much chance that OP will qualify for a mortgage on a condo in Hawaii...even if its just half of the value of the condo.

OP asked for options. My suggestion was valid (albeit, not practical) - it is certainly was no more outrageous than the OP's assertion that it's his/her condo.

 

[Colsanders]

I don't know. Do you have any evidence that will hold up in court?





Or sell out to the other owners.

Or file a Partition Action (google it) to force the sale of the property. That's probably not too practical since you probably can't afford a lawyer and you'd still only get 50%.

By the way, who is living in the condo?

The condo is being rented right now. My sister sends me some of the monthly rent but not half. She says she takes out property tax and condo association fees. The rest she says is put in a "trust" but she won't show the paperwork to anyone.


I have the original deed with my parent's names and my name. I'll have to take a good look at it. I know forgery is hard to prove but maybe I can go to a handwriting expert to compare the documents?

 

[Shadowbunny]

The condo is being rented right now. My sister sends me some of the monthly rent but not half. She says she takes out property tax and condo association fees. The rest she says is put in a "trust" but she won't show the paperwork to anyone.


I have the original deed with my parent's names and my name. I'll have to take a good look at it. I know forgery is hard to prove but maybe I can go to a handwriting expert to compare the documents?

This is not a "do-it-yourself" project. A handwriting expert won't do you any good unless hiring one as an expert witness for court. And you're a long, long way from being to that point.

 

[LdiJ]

OP asked for options. My suggestion was valid (albeit, not practical) - it is certainly was no more outrageous than the OP's assertion that it's his/her condo.

I think that his parents intended for it to be his condo, but perhaps they did not do it right. Therefore I do not believe that it is outrageous of him to believe that it was supposed to be his. Parents do tend to try to provide for disabled adult children after their deaths. They just generally go about it a bit differently.

 

[HRZ]

IF you don't trust sister, why are you letting her manage your 50% of the home ....might want to be a lot more proactive on that score .

UNless you have very good reason to support that Moms signature was a forgery or that Moms mental capacity was super low at the time I think you won't have enough to tip anything as to other ownership ...and even if the transfer was tossed ....if Mom died intestate and it was not a jtwros title ( did you check? )'then odds are her share would be split 6 ways instead of 5?

 

[Colsanders]

IF you don't trust sister, why are you letting her manage your 50% of the home ....might want to be a lot more proactive on that score .

UNless you have very good reason to support that Moms signature was a forgery or that Moms mental capacity was super low at the time I think you won't have enough to tip anything as to other ownership ...and even if the transfer was tossed ....if Mom died intestate and it was not a jtwros title ( did you check? )'then odds are her share would be split 6 ways instead of 5?

My sister just took it upon herself to take care of everything. The property management company responds to her. A lawyer friend says that I need to have 51% ownership to have a controlling issue. Whatever. What's a jtwros title?

 

[Colsanders]

Buy out the other owners...

Thanks for the useless advice. I'll buy them out if you lend me the money.

 

[LdiJ]

My sister just took it upon herself to take care of everything. The property management company responds to her. A lawyer friend says that I need to have 51% ownership to have a controlling issue. Whatever. What's a jtwros title?

Joint tenancy with rights of survivorship, which I already mentioned.

If you are not actually living in the condo and do not need it as a home, then its likely that your best bet is to try to force a sale of the property, so that you get your 50%. As long as its rented, then yes, your sister should cover expenses with the rent before anything is divided, and its not unreasonable to hold back some for unexpected expenses such as repairs.

 

[FlyingRon]

It's possible he doesn't even own 50 %. If dad's share went to mom, she had 2/3 to dispose of as she saw fit.

 

[HRZ]

Unless you agreed to the rentals, you may have a right to go there and use your 50% and or rent out your 50%...somehow I'll just bet you agreed or acquised to sis running the show !

ANd as others have addressed its not entirely clear if you own exactly 50% ...post the exact deed language and sequence of who got what....less names ...might get better guesses.