Mike CHS
Herd Master
Families are torn apart pretty easy but I hope this one turns out OK and you get what you have a right tol
CntryBoy777 - The Lazy A** Acres Adventures
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CntryBoy777
Herd Master
Thanks Mike!!....but, I'm sure the door on the otherside will close before mine does....but, we all make "choices" and let the chips fall where they may.....these are the strangest 2 people that I've ever seen, but....I ain't in the boat with them, but in my little dingy floating on a current.....and Joyce and I are paddling for All we are worth....
Hens and Roos
Herd Master
that it turns out well for you!
greybeard
Herd Master
Heck Mike, things went so quickly there really wasn't time for it to go good or bad.....however, if demanding to see legal documentation of what ya Claim is being a Threat....then ya might wanna pull that seatbelt Tight cause I'm a regular "Nightmare" and this is gonna be one helluva Ride. Yes, it is a play that if we don't win or gain some footing in court...she will toss me out, but I won't stay here for less....anybody have a barn room for rent or hayloft?.....will work for food, too....
Been awhile since I looked at how this all got started.........
Have you been paying rent at your location, got a lease or contract spelling anything out?
Just make sure you have your own legal documentation fully in order too, because in all likelihood, you will have to disprove in court, whatever she presents.
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CntryBoy777
Herd Master
Mom and Dad had this place fully paid off and since my first divorce in '99 I lived here off and on thru truck driving and there were 6yrs spent in Florida....but after the first heart attack and the damage done to the foot and leg....my house on 3acres was foreclosed on and with the settlement that I got, I paid cash for the trlr....but, it wasn't until '15 that Dad gave his approval for me to do as I wished with the land. So, being on disability, I couldn't ask for a better set up. My sorry sis has been wonderfully absent pretty much the entire time....and then swoops in for the last 2yrs and thinks she is levitimate in having a Full claim to it all....her way....and without absolutely nothing for me or my brother.....of which, he has been pretty absent too. Actually, I'm flabberghasted by her "actions"....because, I was the one that clued her in on somethings and there were some agreements that were made....verbal of course...but, she has no intention of honoring any of it.....she is saying that what she has is iron-clad, but won't produce any legal copies for us to see...just her word....I don't think so....we are looking at having to prove Dad had dementia and therefore was not of sound mind to sign the documents...........but, she had 60days to file in probate, but it has been 4mnths now....so, she could be in contempt of court for not doing so.
......but, she had 60days to file in probate, but it has been 4mnths now....so, she could be in contempt of court for not doing so.
greybeard
Herd Master
Sounds ugly.
What does your attorneys say?
"it has been 4mnths now"
Have you or your brother filed in probate?
What does your attorneys say?
"it has been 4mnths now"
Have you or your brother filed in probate?
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CntryBoy777
Herd Master
My brother is going tomorrow to do that....I'm going to chancery court clerks office to see if anything is filed on the property as of yet. See, neither of us have ever seen the POA so we don't know if it even exists or not....she is unwilling to devulge anything to us....so, I told her we'd see what the judge has to say....maybe he can get ya to devulge and produce them....
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CntryBoy777
Herd Master
She wouldn't even give us a copy of his death certificate....because it proves he was in a nursing home and she never informed us that he was even there....something is smelling a bit too Fishy for my taste.
greybeard
Herd Master
My brother is going tomorrow to do that....I'm going to chancery court clerks office to see if anything is filed on the property as of yet. See, neither of us have ever seen the POA so we don't know if it even exists or not....she is unwilling to devulge anything to us....so, I told her we'd see what the judge has to say....maybe he can get ya to devulge and produce them....
If she has anything stating she is/was trustee or is now executor of the Estate, she doesn't "have" to divulge anything to you or the rest of the family....., only to the probate court.
My suggestion..
You need to (like YESTERDAY) get anyone and everyone that has ever witnessed the deceased saying you were to inherit/have that piece of property, to write out at least a rough affidavit, especially those who have no vested interest in this issue (meaning non-family members) Get the affidavits notarized in front of witnesses.
Why?
Any paperwork she has will carry more weight in court than verbal "he said/he wanted" type things, even if her paperwork was documented while he had dementia.
Also, I assume you have been paying the property taxes on the property you have been living on.. Get you receipts together.
Any and all improvements you have made to the property, you need to be able to present as well.
IF you go the route that he was not of sound mind at the time he changed things, you are most likely going to have to get some medical authority to state in writing that the dementia at that point had progressed significantly enough to alter his judgement. Just the fact of his having dementia is not going to be enough.
Above all else, get an attorney! You can bet she already has one since I remember you stating she 'had' him put his assets in a trust. That almost always involves an attorney.
promiseacres
Herd Master
Sounds terrible....people suck plain and simple.
