Sister inherited 1/6 of house and debt,because father didnt have will, but wont pay

[anteater]

If you think that you are being attacked, you should take a browse through the rest of the forum.

Ohiogal was trying to throw you a lifeline. If your mother and father had owned the house as joint tenants, then ownership would have passed solely to your mother when your father died. But, if the deed did not explicitly state that, then they were considered tenants in common.

44-6-190. Creating joint tenancy with survivorship; severance; effect of Code section on other laws


(a) Deeds and other instruments of title, including any instrument in which one person conveys to himself and one or more other persons, any instrument in which two or more persons convey to themselves or to themselves and another or others, and wills, taking effect after January 1, 1977, may create a joint interest with survivorship in two or more persons. Any instrument of title in favor of two or more persons shall be construed to create interests in common without survivorship between or among the owners unless the instrument expressly refers to the takers as "joint tenants," "joint tenants and not as tenants in common," or "joint tenants with survivorship" or as taking "jointly with survivorship." Any instrument using one of the forms of expression referred to in the preceding sentence or language essentially the same as one of these forms of expression shall create a joint tenancy estate or interest that may be severed as to the interest of any owner by the recording of an instrument which results in his lifetime transfer of all or a part of his interest; provided, however, that, if all persons owning joint tenant interests in a property join in the same recorded lifetime transfer, no severance shall occur.

What people have been pointing out is that neither you nor your sister actually own the house since, from what you say, the most recent deed still is in your mother's and father's name. Ownership has not been conveyed to either of you.


How do you figure that your sister "owned part of a debt?" Did she sign some loan documents?

I am not unsympathetic, but when all concerned ignore the legal niceties, you end up with a mess like this one.

 

[Ohiogal]

If you think that you are being attacked, you should take a browse through the rest of the forum.

Ohiogal was trying to throw you a lifeline. If your mother and father had owned the house as joint tenants, then ownership would have passed solely to your mother when your father died. But, if the deed did not explicitly state that, then they were considered tenants in common.



What people have been pointing out is that neither you nor your sister actually own the house since, from what you say, the most recent deed still is in your mother's and father's name. Ownership has not been conveyed to either of you.


How do you figure that your sister "owned part of a debt?" Did she sign some loan documents?

I am not unsympathetic, but when all concerned ignore the legal niceties, you end up with a mess like this one.

I WAS trying to throw him a lifeline. Now the bugger can drown.

 

[jbhenson]

she thought I owned it and so did I , we just found out I didnt

The thing is, there was no kind of agreement or contract before you did the renovation in which she agreed to share the costs with you...We can't assume to know what her plans were with the current mortgage, you can't really just take it upon yourself to do renovations and expect her to pay you afterwards for work she never agreed upon

I agree with that, the thing is and maybe I havent explained this well. She had no idea she owned ANY of it, all of mya family thought as the will said, that I owned it all. We didnt find out unti lI tried to refinance the house that she owned ANY of it. Now She finds out she owns part of it, AFTER I did all the work fixed it up and refuses to pay any of it, nor sign the papers to turn it over. So I am caught in limbo, its costing me money because I cant refinance, and she wont pay back the money for her part of the mortgage, or repairs.

So again they as I thought the house was all mine for over 2 years. Then I went to refinance and we found out the attorney created a mess, as did the mortgage company by giving me the mortgage in the first palce without getting a clean title.

 

[Ohiogal]

I agree with that, the thing is and maybe I havent explained this well. She had no idea she owned ANY of it, all of mya family thought as the will said, that I owned it all. We didnt find out unti lI tried to refinance the house that she owned ANY of it. Now She finds out she owns part of it, AFTER I did all the work fixed it up and refuses to pay any of it, nor sign the papers to turn it over. So I am caught in limbo, its costing me money because I cant refinance, and she wont pay back the money for her part of the mortgage, or repairs.

So again they as I thought the house was all mine for over 2 years. Then I went to refinance and we found out the attorney created a mess, as did the mortgage company by giving me the mortgage in the first palce without getting a clean title.

Actually NEITHER YOU NOR HER own any of it because the title is still in your parents' names. So you CURRENTLY own NOTHING of the house. Really simple. Why is it so difficult for you to understand?

 

[jbhenson]

ty

Actually NEITHER YOU NOR HER own any of it because the title is still in your parents' names. So you CURRENTLY own NOTHING of the house. Really simple. Why is it so difficult for you to understand?

I understand that, its what I want to clear up and why I came here to ask for help from people that are willing to do just that, not debate on my understanding but thank you for your time.

 

[colourfastt]

I understand that, its what I want to clear up and why I came here to ask for help from people that are willing to do just that, not debate on my understanding but thank you for your time.

I normally don't get involved in these types of threads, but I'm going to try to make this easy.

It seems from what I've read that you're flying by the seat of your assumptions.

First, as respect to the property: was the deed in the names of your parents WITH RIGHT OF SURVIVORSHIP? If so, then it was not part of the probatable part of your father's estate and passed by law to your mother. If not, then it IS part of the probate estate and probate needs to be opened on his estate in order to transfer his interest in the house.

Second, probate must be opened on your mother's estate in order to transfer the house to the heirs. Right now the ESTATE owns the house .. not anyone else.

As far as your sister is concerned, she is only obligated to pay debts she has contracted into. So, unless you have a signed obligation (loan, agreement to pay, etc.) then she isn't liable for anything. YOU on the other hand obligated yourself for a loan making you wholly and, apparently from your posts, solely responsible.

To recap: as far as the house is concerned, you and your sister own NOTHING; the house is owned by the ESTATE of your mother. As to your sister's obligation for the loan, unless she signed a document pledging herself to payment then she is obligated for nothing.

 

[Ohiogal]

I normally don't get involved in these types of threads, but I'm going to try to make this easy.

It seems from what I've read that you're flying by the seat of your assumptions.

First, as respect to the property: was the deed in the names of your parents WITH RIGHT OF SURVIVORSHIP? If so, then it was not part of the probatable part of your father's estate and passed by law to your mother. If not, then it IS part of the probate estate and probate needs to be opened on his estate in order to transfer his interest in the house.

Second, probate must be opened on your mother's estate in order to transfer the house to the heirs. Right now the ESTATE owns the house .. not anyone else.

As far as your sister is concerned, she is only obligated to pay debts she has contracted into. So, unless you have a signed obligation (loan, agreement to pay, etc.) then she isn't liable for anything. YOU on the other hand obligated yourself for a loan making you wholly and, apparently from your posts, solely responsible.

To recap: as far as the house is concerned, you and your sister own NOTHING; the house is owned by the ESTATE of your mother. As to your sister's obligation for the loan, unless she signed a document pledging herself to payment then she is obligated for nothing.

Actually you can't even say that the house is owned by the estate of the mother. We don't know a) how it was titled or b) if father's estate was ever probated. So therefore we can't say mother's estate owns it.