Buying a house with brother and sister-in-law

[Truid]

What is the name of your state (only U.S. law)? Oklahoma.

After my grandmother passed away, she left her house to my mother. Now, my mother hasn't been able to take care of herself for the past 5 years and so I moved in to help her. Unfortunately, her health has gotten worse and I am no longer able to take care of her so with the help of my brother we were able to get her into a nice nursing care facility. The house was never in my mother's name. But rather in a trust (that my uncle managed, I guess making him the trustee in trust?). Anyways, he no longer wants the responsibility and signed the deed to the house over to my brother and his wife (a married couple) and to myself (a single individual).

The problem: Before my grandmother passed away, she told us that the house would go to my mother (in a trust) and then eventually it would go to my brother and I (50/50). But since my brother is married, his wife wants part of the house too. So she is taking the deed that my uncle signed over and she is saying that since she is on the deed, that the house should be divided into thirds. So instead of getting half the house's value, I'm now only getting 1/3rd and my brother and his wife get 2/3rds. I don't think this is fair.

Is there anyway I can verify if they can do this legally? Or, am I just misreading the deed? Would a married couple be counted as ONE and I (as a single person) be counted as (ONE) and therefore the house would still be split 50/50 as originally intended?

Thanks.

 

[Zigner]

What is the name of your state (only U.S. law)? Oklahoma.

After my grandmother passed away, she left her house to my mother. Now, my mother hasn't been able to take care of herself for the past 5 years and so I moved in to help her. Unfortunately, her health has gotten worse and I am no longer able to take care of her so with the help of my brother we were able to get her into a nice nursing care facility. The house was never in my mother's name. But rather in a trust (that my uncle managed, I guess making him the trustee in trust?). Anyways, he no longer wants the responsibility and signed the deed to the house over to my brother and his wife (a married couple) and to myself (a single individual).

The problem: Before my grandmother passed away, she told us that the house would go to my mother (in a trust) and then eventually it would go to my brother and I (50/50). But since my brother is married, his wife wants part of the house too. So she is taking the deed that my uncle signed over and she is saying that since she is on the deed, that the house should be divided into thirds. So instead of getting half the house's value, I'm now only getting 1/3rd and my brother and his wife get 2/3rds. I don't think this is fair.

Is there anyway I can verify if they can do this legally? Or, am I just misreading the deed? Would a married couple be counted as ONE and I (as a single person) be counted as (ONE) and therefore the house would still be split 50/50 as originally intended?

Thanks.

What does the trust say about the matter?

ETA: If the deed was transferred to your brother and his wife, then you may not be entitled to anything. However, the question remains: Did your uncle properly transfer the property in the first place?

ETA More: How does the deed currently read?

 

[anteater]

Holy crap!

Did anybody here actually get legal advice? Or are y'all just winging it?

 

[OK-LL]

You will need to do some research to verify your position. First, you need to see the Trust document to determine who the Trustee was and what his powers are, and how the property was meant to be distributed, and when (such as after Grandma's death, in 30 years, whatever). Then you need to decide if the Trustee complied with the requirements of the Trust.

If the Trustee is, indeed, your uncle and he properly completed a Trustee's Deed transferring the property to 3 named individuals (you, your brother and your sister-in-law), all in accordance with the Trust documents, you need to see the deed to determine in what capacity the transfer was made -- are you tenants in common or joint tenants -- and what share you each received -- if there is no specification of share, such as 1/3 or 1/2 listed after each name, then the named individuals have equal shares of an undivided 1/3 each.

If this was not your grandmother's intent and your brother is aware of this, you are at the mercy of his integrity or lack of it in getting your proper share. If the transfer is not in accordance with the Trust documents, you can get it set aside in court.

 

[LdiJ]

You will need to do some research to verify your position. First, you need to see the Trust document to determine who the Trustee was and what his powers are, and how the property was meant to be distributed, and when (such as after Grandma's death, in 30 years, whatever). Then you need to decide if the Trustee complied with the requirements of the Trust.

If the Trustee is, indeed, your uncle and he properly completed a Trustee's Deed transferring the property to 3 named individuals (you, your brother and your sister-in-law), all in accordance with the Trust documents, you need to see the deed to determine in what capacity the transfer was made -- are you tenants in common or joint tenants -- and what share you each received -- if there is no specification of share, such as 1/3 or 1/2 listed after each name, then the named individuals have equal shares of an undivided 1/3 each.

If this was not your grandmother's intent and your brother is aware of this, you are at the mercy of his integrity or lack of it in getting your proper share. If the transfer is not in accordance with the Trust documents, you can get it set aside in court.

I am going to disagree slightly. If Uncle, as trustee, deeded the house inaccurately, against the specifications of the trust, then the OP definitely has recourse.

I suspect, when all is said and done that Uncle messed up, and brother's wife should never have been included...or in the alternative, that brother and his wife share 50%, and the OP has the other 50%.

I think that Uncle likely messed up, big time, because I also suspect that brother and OP were not entitled to any share of the home, at all, while mom was still living. If Uncle didn't want to be trustee any longer he had options as to how to handle that...and there is almost no chance that deeding assets outside of the trust was one of those options.

 

[OK-LL]

"If the transfer is not in accordance with the Trust documents, you can get it set aside in court."

LdiJ, I think we are saying the same thing.