I need objective views over a family dispute.

[stealth2]

What happened to the boyfriend? Is he feeble or responsible? Just curious.

 

[Cpw vuk]

Dad gifted the money to daughter who bought property for herself.

I edited :
2. Daughter knows a good realtor, so Dad gives $160k to Daughter to buy a condo FOR THE 3 CHILDREN (under her name)

 

[Cpw vuk]

What happened to the boyfriend? Is he feeble or responsible? Just curious.

If you don't wanna help anything but your own curiosity, it's fine.
I wish you a good continuation.

 

[quincy]

I edited :
2. Daughter knows a good realtor, so Dad gives $160k to Daughter to buy a condo FOR THE 3 CHILDREN (under her name)

The property should have been put in all of their names.

 

[Just Blue]

No, it doesn't matter.
I'm not asking you to speculate on who you believe is objective or not.
But to read a situation as already stated objectively, and draw conclusions off it.
May I be any of these characters, it won't change what you can make of the situation one single bit.

Consult with a RE attorney in your area.

 

[not2cleverRed]

Important part of the story is:
. Dad has EXTREME oblivious irresponsible immature mentality (like mentally 16yo)
. Son 1 has PRONOUNCED oblivious irresponsible immature mentality (like mentally 19yo)
. and Daughter is more of a responsible go-getter.

It's only is relevant if this is a professional diagnosis, and Daughter has been declared the legal guardian of her disabled relatives. Has she been granted a POA to handle her disabled relatives' assets?

 

[Ohiogal]

I edited :
2. Daughter knows a good realtor, so Dad gives $160k to Daughter to buy a condo FOR THE 3 CHILDREN (under her name)

Any real property should have been placed in the names of all three children. The deed only listed Daughter apparently as the owner. Hence it is HER property.

 

[not2cleverRed]

I don't think it matters in order to have an objective view of the situation for you.

You don't seem objective.

You rendition of the "facts" is also incomplete.

 

[Cpw vuk]

No, that's not important at all. It's irrelevant.

That's only important for people who reads that to understand how can 2 people be so unconscious and oblivious for years of what's happening around them. If I didn't mention that, nobody could understand that part.

 

[Cpw vuk]

Your description of the parties involved is not exactly “objective.”

Please explain what you mean by it, and what solution you propose.

 

[Cpw vuk]

There may be an exception to the statute of frauds. There may be a constructive trust.

What is that?

 

[Cpw vuk]

Consult with a RE attorney in your area.

What area though? Florida or NC?

 

[adjusterjack]

"Nice" daughter, though - taking advantage of her "feeble-minded" family. <spit>

"Feeble-minded" LOL.

The first thing that crossed my mind was the "feeble family" that I learned about in science class when we studied genetics.

That's only important for people who reads that to understand how can 2 people be so unconscious and oblivious for years of what's happening around them. If I didn't mention that, nobody could understand that part.

It's irrelevant because nobody, especially not a lawyer, would have to understand that to provide a legal analysis of the arrangement.

What area though? Florida or NC?

Probably where the property and the daughter are located.

Regarding a possible exception to the Statute of Frauds, see the following:

Real Estate Contracts, the Statute of Frauds, and Exceptions to the Statute of Frauds | Jimerson Birr (jimersonfirm.com)

That link might disappear soon so save it quickly. You can google real estate exceptions to the statute of frauds and include the state in question for additional information.

 

[not2cleverRed]

That's only important for people who reads that to understand how can 2 people be so unconscious and oblivious for years of what's happening around them. If I didn't mention that, nobody could understand that part.

So, they are not incompetent from a legal standpoint. It sounds like your initial description is based on your opinion, not a professional diagnosis.

They are therefore held to the standard of a "reasonable person".

In other words, from a legal standpoint, it does not matter.

 

[quincy]

What is that?

Statute of frauds:

https://law.justia.com/codes/north-carolina/2020/chapter-25/article-2/section-25-2-201/