Any Attorneys on this site? Have a question.

[RickB]

We don't need any more info. The OP needs qualified legal advise based on laws and case law in his state. Then he can decide how to proceed.

 

[TemporaryKubotaOwnerMark]

We don't need any more info. The OP needs qualified legal advise based on laws and case law in his state. Then he can decide how to proceed.

Bingo. I was just about to post that. The only good advice given in this thread is the repeated advice to talk to a local attorney.

 

[hosspuller]

Been through several family squabbles after a death as an observer. I & wife have spelled out how estate is to be divided. Even to the point of having a nephew named to be a deciding vote in any dispute. (Like when & how to sell the land) The personal property that is in dispute is to be lumped into a pile with each taking a turn to pick. The alternative is to have a two party auction that each bids on items. At the conclusion the auction proceeds are split. The whole purpose is to prevent squabble between sisters. It's only "Stuff"

 

[LD1]

We don't need any more info. The OP needs qualified legal advise based on laws and case law in his state. Then he can decide how to proceed.

Bingo. I was just about to post that. The only good advice given in this thread is the repeated advice to talk to a local attorney.

Yes and no.

If the brother wants out......for whatever reason. Like need money, cannot afford to keep, never uses, etc. And offered it to the OP at a fair price and the OP said no......(because as it is, maybe the brother is the only one that uses the garage, but only has to pay half the bills, taxes, upkeep, etc and dont want to take full ownership).....

Well if thats the case.....dont see where consulting a lawyer is gonna do anything but cost him money. Either buy the brother out at a fair price, or deal with whoever he sells it to.

Kinda like listening to someone complain if a a neighboring field gets lotted off in several 2-4 acre plots. And moaning about not having any neighbors within a half mile for years and now you are gonna have 10, ruining you view, etc etc. Heard that many times. If you dont like it, and dont want neighbors.....pony up or shut up.

Now this may not be the case. Maybe it was never offered? or offered at some crazy high price? This is what we dont know and want clarification on.

IF it was never offered or offered at a crazy price......yea.....lawyer.
If it was offered at a reasonable price and the OP refused......pony up or shut up.

But it also seems (and as many have said) that this could tear the family apart. Perhaps before going to a lawyer, maybe just sit down and talk with your brother?

 

[kcassidy]

A wise man once told me that partners are for dancing...

 

[EddieWalker]

Similar situation near me.
2 brothers and their sister inherited the parents chalet.

On brother never has been here, the other is across the country.
The sister's husband* is really a total nerd, does not know how to use a hammer, and to make matters worst he has a very minimal job.
The chalet is falling apart, roof leaks water system is occasional and property is totally overgrown.

*he no longer relies on friends to come up as he just purchased a new all electric car only problem is that the range is such that he can't return to the city and the chalet only had a 60 amp electric panel so re charging is a problem besides he needs to have the charger panel wired.

Guess when the roof caves in they will sell.

Don't think any of the siblings could afford to buy out the others from what I know.

When I was flipping houses, I ran into something like this several times. The parents had passed away and multiple people, their children, owned the house. They decided to sell it, but where way off on what they where asking for it, so it sat for years and started to fall apart. I bought one house from a family that had been on the market for ten years. Orignal asking price was over a hundred grand, when it would have sold for just under a hundred grand quickly. I paid $25,000 for it, put another $20,000 into it and sold it for $110,000, which is what the comps in the neighborhood where up to at that time. Another house was trashed by pets and about as nasty as it gets. The kids wanted what the house would sell for in perfect condition and wouldn't budge on any offers. After years on the market, my realtor said that they where going to lose it if they didn't sell it since nobody was paying the taxes on it. They wanted fifty grand, I offered thirty. They accepted, and then another flipper offered my forty the following week, so I sold it. Comps put it in the hundred grand range, but the repairs where going to run 20 to 30 grand.

 

[Sigarms]

Perhaps we're just cruel parents, but both of our boys know that our house and land will be sold after they move out (and they'll have the same options I had after they get out of high school, being job, military or college if they earn it by school work). If they want the house and property badly, they can pay below market price for it to keep it themselves as it's not going to be given to them. Both know they aren't putting up a house in back

After being an executor for one of my aunts, and my dad being an exectuor for his "old family house" and seeing the bickering and in fighting it can cause, everything is going to be laid out for our boys when we pass and it's not going to be open for interpretation.

Heck, I'm trying to convince my 86 year old father to sell his house because there is no reason for him to leave it to me.

 

[coldsteelva]

All assets should be liquidated and dispersed as the testator wishes. There is always disappointment somewhere if items/goods real property are bequeathed to one over the other. Cash money talks. IF someone wants the house that bad, they can pony up the dough up front and purchase it like an uninvolved party and use their 'proceeds' to pay themselves or a loan back.

 

[RickB]

Yes and no.

If the brother wants out......for whatever reason. Like need money, cannot afford to keep, never uses, etc. And offered it to the OP at a fair price and the OP said no......(because as it is, maybe the brother is the only one that uses the garage, but only has to pay half the bills, taxes, upkeep, etc and dont want to take full ownership).....

Well if thats the case.....dont see where consulting a lawyer is gonna do anything but cost him money. Either buy the brother out at a fair price, or deal with whoever he sells it to.

Kinda like listening to someone complain if a a neighboring field gets lotted off in several 2-4 acre plots. And moaning about not having any neighbors within a half mile for years and now you are gonna have 10, ruining you view, etc etc. Heard that many times. If you dont like it, and dont want neighbors.....pony up or shut up.

Now this may not be the case. Maybe it was never offered? or offered at some crazy high price? This is what we dont know and want clarification on.

IF it was never offered or offered at a crazy price......yea.....lawyer.
If it was offered at a reasonable price and the OP refused......pony up or shut up.

But it also seems (and as many have said) that this could tear the family apart. Perhaps before going to a lawyer, maybe just sit down and talk with your brother?

Where did you get the notion it was offered to the OP? No mention of that I can see.

 

[TemporaryKubotaOwnerMark]

Yes and no.

Yes and yes. He asked for legal advice. Only a lawyer who knows the local laws is qualified to give that advice. He'd be a fool to listen to all the well-meaning unqualified Dear Abby wannabes on this thread.

 

[two_bit_score]

Yes and yes. He asked for legal advice. Only a lawyer who knows the local laws is qualified to give that advice. He'd be a fool to listen to all the well-meaning unqualified Dear Abby wannabes on this thread.

:thumbsup:

 

[Sigarms]

Yes and yes. He asked for legal advice. Only a lawyer who knows the local laws is qualified to give that advice. He'd be a fool to listen to all the well-meaning unqualified Dear Abby wannabes on this thread.

He didn't ask for legal advise.

He asked for input.

There is a difference.

Legal advise isn't entertaining, input is.

Jeessh, you'd think everyone here knows you get what you pay for, and if anyone followed legal advise here without first consulting a lawyer...

 

[TemporaryKubotaOwnerMark]

He didn't ask for legal advise.

He asked for legal advice. The title of the thread is, "Any Attorneys on this site? Have a question. "

 

[LD1]

Where did you get the notion it was offered to the OP? No mention of that I can see.

Hence the "if".....

And thus asking for more details on his situation.

Yes he is asking for legal advise.....and yes I agree that can only come from a local qualified attorney.

The reason for asking for more details is.....maybe he doesn't need an attorney at all. Maybe he was offered this property at a fair price. In which case....legal advise is NOT even needed.

So thus the questions asking more detail on his situation....even though some think the only option is to pay a bunch of money to a lawyer.

 

[ultrarunner]

True... attorneys have cornered the market on legal advice.

That said... my then pregnant sister in law was t-boned in her car on the way home from work...

My brother consulted two lawyers... both sit down consultations and one said it would not be worth his time and another wanted a retainer...

Being the smart guy he is... my brother decided to file in Superior Court without a layer... prepared all the documents, etc...

Insurance Company that would not give them the time of day and then pressured to settle with an offer didn't set well with him either.

On the day the trail was to start the Insurance Company and my brother reached settlement in the hall outside the court room and my brother never backed down... he was professional and stuck to his guns.

80k plus the cost of the car that was totaled.

My point is lawyers also have their own interests and there are individuals willing to put in the time having the aptitude can do an even better job because no one is as interested in the outcome as you are

 

[Sigarms]

He asked for legal advice. The title of the thread is, "Any Attorneys on this site? Have a question. "

And some people don't have a sense of humor or can catch a hint of sarcasm unless you use a smiley face or whatever you call them

 

[Steppenwolfe]

Heck, I'm trying to convince my 86 year old father to sell his house because there is no reason for him to leave it to me.

HA!!! That's funny. My 82 year old Dad called me on New Years Day to inform me he was cutting me out of his will and leaving everything to my two sisters. Right out of the blue, no hard feelings from the past, probably just my two sisters crying in either ear. I'm good with it, let's me off the hook...

 

[Sigarms]

HA!!! That's funny. My 82 year old Dad called me on New Years Day to inform me he was cutting me out of his will and leaving everything to my two sisters. Right out of the blue, no hard feelings from the past, probably just my two sisters crying in either ear. I'm good with it, let's me off the hook...

Ironcially enough, reading your post at 0555, my dad just called me to let me know he just hit I-81 up in Pa and is on his way down to see me.

I guess I'm lucky, I'm an only child (no, not spoiled I can assure you LMAO). At my aunts furneral a couple of weeks ago, I couldn't stay around for the funeral because I was up there for my dad taking a week off from work while she was pretty much on her death bed (with all the relatives coming for the funeral, I knew he'd be ok without me there and I had to get home). I told him for the 100th time before I left, have everyone go through the house and make a list of what everyone wants so I'm not stuck in the middle. My wife is getting tired of him bringing all his stuff down for his grandkids and then it just sits around the house. Kids went up with me a couple of months ago to see him, they brought this back and it's still sitting in the living room:laughing:



40 plus year old coconut we picked up somewhere on vacation when I was a kid.

 

[ch1ch2]

My brother is an attorney.
Therefore, that makes me an expert, correct?
So, for the answer, it takes money.

 

[Steppenwolfe]

Ironcially enough, reading your post at 0555, my dad just called me to let me know he just hit I-81 up in Pa and is on his way down to see me.

I guess I'm lucky, I'm an only child (no, not spoiled I can assure you LMAO). At my aunts furneral a couple of weeks ago, I couldn't stay around for the funeral because I was up there for my dad taking a week off from work while she was pretty much on her death bed (with all the relatives coming for the funeral, I knew he'd be ok without me there and I had to get home). I told him for the 100th time before I left, have everyone go through the house and make a list of what everyone wants so I'm not stuck in the middle. My wife is getting tired of him bringing all his stuff down for his grandkids and then it just sits around the house. Kids went up with me a couple of months ago to see him, they brought this back and it's still sitting in the living room:laughing:

View attachment 522999

40 plus year old coconut we picked up somewhere on vacation when I was a kid.

What can I say ??? My two sisters have been working on him for years, he finally caved, that's all. And what is sad, he really doesn't have much, maybe 150k all in. Anyway, I've made it on my own so far, no need for his inheritance. BTW, he lives up in NE Pa, not far from I80 and I81 crossover...