I need objective views over a family dispute.

[Cpw vuk]

I don't think that any one is suggesting that you just walk away. However, you do need to understand the legal realities of the situation. She has offered $55,000 to brother 2 so of course brother 2 should not walk away from that.

Brother 2 doesn't care about 55k.
He wants everything sold and shared like it was intended to. So more around 150 to 200k for him.
And for Daughter to stop getting richer off a family fraud. Or only using her fair share (morally). Not the whole family money like it's hers.

 

[doucar]

I doubt that the potential recovery amount would interest a lawyer to take this expensive litigation on contingency.

 

[Cpw vuk]

See post number 5.

Post 5 says Daughter owns everything, and is already nice to have shared anything with anyone.
Gotcha.

 

[LdiJ]

How about the fact that she pocketed rents from tenants for years, while the rest of the family thought they also were due this money?
How about the fact that she lived rent free for years, while the rest of the family had to pay a rent?

Again, you are assuming that rents are mostly profits when that is highly unlikely. If she was getting to live rent free, while she was managing the trailor park and the house, then free rent was the minimum compensation she was due for that labor. It is hard work managing a trailor park and the expenses are high. Again, she also had to pay taxes on any profit.

 

[Ohiogal]

Brother 2 doesn't care about 55k.
He wants everything sold and shared like it was intended to. So more around 150 to 200k for him.
And for Daughter to stop getting richer off a family fraud. Or only using her fair share (morally). Not the whole family money like it's hers.

THERE WAS NO FRAUD. What we have are three men who were stupid.

 

[Cpw vuk]

I doubt that the potential recovery amount would interest a lawyer to take this expensive litigation on contingency.

Ok
I guess morale of the story is well played from her, she lost a family but made half a million $ on their trust.
I guess I'll just go back to my $12/h job.
Thanks for your take.

 

[stealth2]

What we have are three men who were stupid.

Two, really. Son2 has been a minor until just this year...

 

[Cpw vuk]

THERE WAS NO FRAUD. What we have are three men who were stupid.

No fraud?
She accepted to take care of the family investment and share fairly.
Then she runs away with everything.
How do you call that? Trust abuse only?

 

[stealth2]

Ok
I guess morale of the story is well played from her, she lost a family but made half a million $ on their trust.
I guess I'll just go back to my $12/h job.
Thanks for your take.

Actually, while she took advantage, IMO, you & Dad allowed her to. That's on the both of you.

 

[Cpw vuk]

Two, really. Son2 has been a minor until just this year...

Yeah Son 2 has nothing to do with that.
And I didn't think the other 2 were stupid, only too naïve and trustful.

 

[quincy]

You can consult with an attorney in your area and the attorney can advise you on whether you have any legal action to pursue.

An initial consultation with an attorney could be free but you should expect to pay for the attorney’s services if the attorney agrees to take you on as a client. Based on what you have related, however, I don’t see you are on very solid legal ground.

It is too bad you and your father did not speak to an attorney sooner - or at least to a financial planner so the money you did receive from your sister could have been spent more wisely. It appears you blew through your “share” of the money pretty rapidly.

 

[LdiJ]

Brother 2 doesn't care about 55k.
He wants everything sold and shared like it was intended to. So more around 150 to 200k for him.
And for Daughter to stop getting richer off a family fraud. Or only using her fair share (morally). Not the whole family money like it's hers.

Where in the world would you get 150 - 200k for brother 2. Even if you were correct that the value of the assets was $400k which I think is too high, then the maximum split three ways would be $133k. It is definitely going to be less than $400k because she would not have netted $180k on the house so probably more like $120k at best.

Taking into consideration that the trailor park and the house could have lost money over the years, it could be even less than that.

Don't get me wrong, I think that sis is morally in the wrong to some extent, but I think that the extent is probably significantly less than you imagine.

 

[Cpw vuk]

Actually, while she took advantage, IMO, you & Dad allowed her to. That's on the both of you.

I get your point. I just needed more views and opinions on our family case.
Thank you.
I'll still wait for more.
We can't afford a lawyer anyway.

 

[Cpw vuk]

Where in the world would you get 150 - 200k for brother 2. Even if you were correct that the value of the assets was $400k which I think is too high, then the maximum split three ways would be $133k. It is definitely going to be less than $400k because she would not have netted $180k on the house so probably more like $120k at best.

Taking into consideration that the trailor park and the house could have lost money over the years, it could be even less than that.

Don't get me wrong, I think that sis is morally in the wrong to some extent, but I think that the extent is probably significantly less than you imagine.

House was bought 70. Sold 180
Trailer park was bought 100. Worth around 160 today.
In my humble opinion, Brother 2 should have the lion share in all this, cause:
Son 1 already got around 70k
Daughter lived rent free + pocketed money destined to the family for years. ( estimation around 200k total)


So if everything worth 400 (or even 500) today:

Sis: 400/3 (minus rents pocketed from tenants + rents saved each month living for free) (To put to her credit all taxes and HOA and expenses she paid over the years, not quite close to what she saved by living rent free)

Bro 1: 400/3 (minus 70)

Bro 2: The rest.

That's what seems fair to me today and to the rest of my family.. All but her.

 

[quincy]

House was bought 70. Sold 180
Trailer park was bought 100. Worth around 160 today.
In my humble opinion, Brother 2 should have the lion share in all this, cause:
Son 1 already got around 70k
Daughter lived rent free + pocketed money destined to the family for years. ( estimation around 200k total)
So if everything worth 400 or 500 today:

Sis: 400/3 (minus rents pocketed from tenants + rents saved each month living for free) (To put to her credit all taxes and HOA and expenses she paid over the years, not quite close to what she saved by living rent free)
Bro 1: 400/3 (minus 70)
Bro 2: The rest.

I doubt any court would see it that way.