Any Attorneys on this site? Have a question.

[Sigarms]

And what is sad, he really doesn't have much, maybe 150k all in.

Don't take this the wrong way, what is really sad IMO is your sisters.

I get the fact that there are some family objects that hold great meaning to members of the family for certain reasons. For myself, that would be my dad's family old winchester .22LR rifle and some no name 16 guage plastic shotgun made during the depression, both which I shot as a kid growing up and are sitting in my safe and I would never sell (even if I did, perhaps $50 for both of them LOL) because they are invaluable to me.

That said, I don't understand how people believe that an inheritance is a God given right.

My fathers not rich by many means (but he doesn't owe anything to anyone), but he has a family and extended family (neices and nephews) that really does love him, and that by far is worth more than any money in the world IMO.

Heck, I'm trying to get my dad to blow his money because as I tell him, you can't take it with you when you're no longer on this world.

Per the op's topic (sorry for the hi jack) it just goes to show you that even when a family builds something together with love, still put it in writing because years later, it could cause family tension.

BTW my father is off the Frackville exit on I-81. I probably drove by your dads house many times when I went to school as I use to know that crossover pretty well a long time ago.

 

[ultrarunner]

The world is made up of all kinds...

I've seen it too many times as a property manager when there is no one or worse... no one in the family wants anything but MONEY...

A lifetime of furnishings and it is like a slap in the face to hear there is nothing your loved ones want.

My Grandfather's aunt had been a widow since her much older husband died in 1955... she lost her first husband in WWI and her second in WWII... yet she remained the kindness woman and she had friends... good friends as I found out when I would go shopping with her to the market or pay her utility bills, all paid in person... she had no children.

When it came time for her to go to a retirement home... she didn't have room for most of her furnishings and it was causing her a lot of sadness...

I offered to store anything she wanted in my detached garage and did... over the years I would mention knowing someone struggling that could use a dining table or other items... each time she was most happy to give them away to someone in need... it made her feel wonderful far beyond dollars and cents...

Found that understanding what is important to a person can go a long way to finding a resolution...

Don't think it has been mentioned but there are ways to put conditions on property ownership... such as right of survivorship or first right of refusal...

 

[JRobyn]

We sold 17 acres of choice interior land out of our parcel to wife's parents, with the stipulation that when they sell or pass, we have the right of first refusal so that we can join it back in. Now if we could just get those superstitious old folk to actually WRITE DOWN a will!! They're of the mind that having a written will will somehow cause death.

 

[two_bit_score]

We sold 17 acres of choice interior land out of our parcel to wife's parents, with the stipulation that when they sell or pass, we have the right of first refusal so that we can join it back in. Now if we could just get those superstitious old folk to actually WRITE DOWN a will!! They're of the mind that having a written will will somehow cause death.

It can seem like a self-fulfilling prophecy.

 

[Rat Rod Mac]

I'm the original poster and all I was trying to get an answer for was this,,,,, is it legal for my brother to sell his half to his brother-in-law without first offering it to me.
I'm thinking the proper way it should be handled is get it appraised by two or three appraisers take the average and half of that is what should be offered. RRM

 

[ch1ch2]

I'm the original poster and all I was trying to get an answer for was this,,,,, is it legal for my brother to sell his half to his brother-in-law without first offering it to me.
I'm thinking the proper way it should be handled is get it appraised by two or three appraisers take the average and half of that is what should be offered. RRM

If you are really trying to get free legal advice from an attorney licensed to do business in your state, without sitting down and discussing all the details with him, then...well good luck!

 

[LD1]

Still don't understand why you have not sat down and talked to your brother.

Weather it's legal or not.....all depends on what, if anything is said in your contract/agreement with your brother. What else do you honestly expect us to say?

 

[TomSeller]

I'm the original poster and all I was trying to get an answer for was this,,,,, is it legal for my brother to sell his half to his brother-in-law without first offering it to me.
I'm thinking the proper way it should be handled is get it appraised by two or three appraisers take the average and half of that is what should be offered. RRM

I'd say talk to your brother, he may think you don't want the other half. If he is not reasonable, and the place is worth enough, pay for an hour of an attorney's time that is versed in real estate. It would probably cost you $400 or so.

 

[John Joseph McVeigh]

I'm the original poster and all I was trying to get an answer for was this,,,,, is it legal for my brother to sell his half to his brother-in-law without first offering it to me.
I'm thinking the proper way it should be handled is get it appraised by two or three appraisers take the average and half of that is what should be offered. RRM

No one can answer your question as it is posed. As others in this thread have pointed out, the answer depends upon how the property is titled (joint tenancy with rights of survivorship vs. tenants in common) and the law of the jurisdiction within which the realty is located.

Even if you supply the missing pieces of information (location of the property and how the property is titled), no attorney in his or her right mind is going to give you an answer because doing so entails risk to the attorney, and there is nothing in it for the attorney to take such a risk.

As others have already pointed out, your best courses of action are either to sit down with your brother and try to come to a mutually agreeable understanding or to pay for specific legal advice from an attorney versed in the law of real property in the appropriate jurisdiction... or to do both.

 

[CADplans]

I'm the original poster and all I was trying to get an answer for was this,,,,, is it legal for my brother to sell his half to his brother-in-law without first offering it to me.
I'm thinking the proper way it should be handled is get it appraised by two or three appraisers take the average and half of that is what should be offered. RRM

I did that when a neighbor wanted to sell his 17 acres.
I consulted three real estate agents, determined the value of the land, house, barns, and fences,,
I offered $203K,, he was asking $600K.

The man was insulted by my offer, and cursed out the realtor that took him the offer.
The market went into the 2008 down turn,, he was too embarrassed to come back and ask for my offer again.
He ended up selling the place for $178K,,, :laughing:

I was kinda glad I did not buy it,
the place is back on the market with MANY improvements for just a little more $$$.

So, what I am saying is,, appraisal, and desire are not connected!! He can ask whatever he wants,,,

 

[Steppenwolfe]

BTW my father is off the Frackville exit on I-81. I probably drove by your dads house many times when I went to school as I use to know that crossover pretty well a long time ago.

That's funny... I had breakfast at the Dutch Kettle in Frackville two weeks ago on my way to I 84 and New England. Great place.

 

[kenmac]

when my dad died, he left all his assets to my sister. I guess she cried and told him she was worse off than either myself or my brother. It really pi$$ed off my brother. It didn't really bother me. If she needed it bad enough to have him leave her all he had, so be it.

My sister burned through everything my dad left her in about 6 months ,and was calling me wanting help to keep from losing her home. I told her I was sorry, but there was nothing I could do for her

 

[TheMan419]

when my dad died, he left all his assets to my sister. I guess she cried and told him she was worse off than either myself or my brother. It really pi$$ed off my brother. It didn't really bother me. If she needed it bad enough to have him leave her all he had, so be it.

My sister burned through everything my dad left her in about 6 months ,and was calling me wanting help to keep from losing her home. I told her I was sorry, but there was nothing I could do for her

Yeah sadly inheritances bring out either the best or worst in people. My mom and her brother are not talking any more based upon issues from when grandma passed away. Of course as a good son I blame it all on my uncle.

Often the best legal tool we have is a cup of coffee. Sit down with "the other side" and just talk. Figure it out.

 

[Sigarms]

That's funny... I had breakfast at the Dutch Kettle in Frackville two weeks ago on my way to I 84 and New England. Great place.

Funnier because I use to play raquetball with the owner of that restaurant when I was in college. Not certain if he still owns it, but I'm guessing it's still in his family as his daugthers might of taken it over by now.