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

[LdiJ]

Your father didn't leave a will. Your mother can ONLY will what she owns. She cannot will other's property. Hence you are NOT entitled to the house.

Well...he does own 5/6th of the house...the only other owner is his sister with 1/6th. So we really cannot say that he is NOT entitled to the house...because he is entitled to the vast majority of it.

His mother owned 3/6ths which she left to him. She also owned 1/6th as her intestate share of her husband's half, which she also left to him. The OP also inherited 1/6th from his father's estate, and his sister inherited 1/6th from the father's estate. So, that leaves him with 5/6ths.

 

[tranquility]

Well...he does own 5/6th of the house...the only other owner is his sister with 1/6th. So we really cannot say that he is NOT entitled to the house...because he is entitled to the vast majority of it.

His mother owned 3/6ths which she left to him. She also owned 1/6th as her intestate share of her husband's half, which she also left to him. The OP also inherited 1/6th from his father's estate, and his sister inherited 1/6th from the father's estate. So, that leaves him with 5/6ths.

Since each owner has a right to possession, fractional percentages do not matter except in partition or when the house is sold.

 

[anteater]

Well...he does own 5/6th of the house...

From what I can gather... Kinda, sorta.

Apparently, the father's estate was never probated. And the probate of mother's estate seems to be off in a cloud somewhere.

I can't figure out how he got a loan from the VA. Unsecured?

 

[LdiJ]

From what I can gather... Kinda, sorta.

Apparently, the father's estate was never probated. And the probate of mother's estate seems to be off in a cloud somewhere.

I can't figure out how he got a loan from the VA. Unsecured?

This is what he said previously:

According to the other attorneys, my mother and father both had a loan on the house, so my mother would own 3/6 of the house and my father 3/6, my father died without a will. Because my father didnt have a will, technically in Georgia, my mother got 1/6 of his part, I got 1/6 and my sister got 1/6. However my mother wasnt aware of this nor were we.

I would have to assume that somehow the deed got changed to reflect that sister owns 1/6th, or this would not be an issue now.

 

[anteater]

This is what he said previously:



I would have to assume that somehow the deed got changed to reflect that sister owns 1/6th, or this would not be an issue now.

Somewhere in here (not really inclined to go searching), he says the deed is still in mother's and father's names.

OK, I lied about searching. Here it is:

The will says the house was mine if I paid off her debt, I paid the debt. No one was put on the deed,its still in my mother and fathers name.

 

[LdiJ]

Somewhere in here (not really inclined to go searching), he says the deed is still in mother's and father's names.

OK, I lied about searching. Here it is:

Ok...I missed that. However if that is the case I don't know how in heck he refinanced the house. Somebody, somewhere really made a mess.

 

[ecmst12]

Keep starting new threads and they will keep getting removed. And people will stop helping you at all.

 

[jbhenson]

Ok...I missed that. However if that is the case I don't know how in heck he refinanced the house. Somebody, somewhere really made a mess.

Yes someone caused me major problems, don't know how they did it. I have a loan now for the property that I own 5/6 percent of, my niece wont probate the will, and my sister owns 1/6 but she never paid for her portion of the debt. Can I sue her to make her pay for her 1/6 ?

 

[anteater]

From what you have stated, you don't own anything yet.

When is your father's estate going to be probated?

If the niece has not opened probate for your mother, then you should.

I have a loan now...

What loan are you referring to? The VA loan that you mentioned? Why do you think that your sister has liability for a loan that you took out?

 

[jbhenson]

TRUE but mother left me her part in her will and father wanted to leave me all his to

From what you have stated, you don't own anything yet.

When is your father's estate going to be probated?

If the niece has not opened probate for your mother, then you should.



What loan are you referring to? The VA loan that you mentioned? Why do you think that your sister has liability for a loan that you took out?

My mother and father both wanted to leave me the house, unfortunately they were told, by the same attorney who wrote my mothers will that when my father died the house and loan passed straight to her. Then when she died, IF she had a will leaving it to me, then I would get the house once I paid off their loans. Unfortunately that attorney was wrong, I wish he could be punished for being wrong, ultimately he caused MUCH of this mess.

Anyway to keep my part of the will, my niece and sister told me to get a loan on the house. I was able to do that somehow from some company in Kentucky. They got me a VA loan on a house that isn't in my name, how, I don't know.

The niece probated the will when I finally wrote letters saying I was revoking my signature on those documents because they had not been filed. They used those forms anyway, (I am making a complaint against the notary who said I signed them on the date she did, because I was in Az, she was in GA. Any rate it was probated in December 21 last year, after 1 1/2 years trying to make her probate it.

My father had no will, nor did he really own anything, my family is poor, I can fill out the paupers papers and do it if necessary. But originally, they said we didn't have to, at this point I realize EVERYONE has lied to me! I was wrong for trusting them, including my lawyer who said the case was delayed because the Judges son died ( I spoke with Judge on Thursday, he said he never had a son)

 

[Ohiogal]

My mother and father both wanted to leave me the house, unfortunately they were told, by the same attorney who wrote my mothers will that when my father died the house and loan passed straight to her. Then when she died, IF she had a will leaving it to me, then I would get the house once I paid off their loans. Unfortunately that attorney was wrong, I wish he could be punished for being wrong, ultimately he caused MUCH of this mess.

Anyway to keep my part of the will, my niece and sister told me to get a loan on the house. I was able to do that somehow from some company in Kentucky. They got me a VA loan on a house that isn't in my name, how, I don't know.

The niece probated the will when I finally wrote letters saying I was revoking my signature on those documents because they had not been filed. They used those forms anyway, (I am making a complaint against the notary who said I signed them on the date she did, because I was in Az, she was in GA. Any rate it was probated in December 21 last year, after 1 1/2 years trying to make her probate it.

My father had no will, nor did he really own anything, my family is poor, I can fill out the paupers papers and do it if necessary. But originally, they said we didn't have to, at this point I realize EVERYONE has lied to me! I was wrong for trusting them, including my lawyer who said the case was delayed because the Judges son died ( I spoke with Judge on Thursday, he said he never had a son)

Your father owned the house -- of which your sister is entitled to 1/6. Therefore you are NOT entitled to the whole house. Why is this so difficult for you to understand. Your father's estate needed probate. The fact that you didn't want to do that or no one else did is not my fault. HOWEVER, how was the house titled? It has your mother and father's names on the deed. Was it JTWROS?

 

[jbhenson]

I understand, but he didnt want her to have anything because she stole

Your father owned the house -- of which your sister is entitled to 1/6. Therefore you are NOT entitled to the whole house. Why is this so difficult for you to understand. Your father's estate needed probate. The fact that you didn't want to do that or no one else did is not my fault. HOWEVER, how was the house titled? It has your mother and father's names on the deed. Was it JTWROS?

from them. I do understand the technicalities of the law, I also understand the attorney representing my mother SHOULD HAVE KNOWN this and let my mother know then I wouldnt be dealing with this, wouldnt you agree?

OH AND YOUR WRONG OHIOGAL, he didnt OWN The house, him and MY MOTHER owned it, along with 2 mortgage companies.

but I dont want to assign blame, no argue or dicker with you, I am just asking for help, not to debate the situation, I already know the situation, I know how it happened, I know the law, I just want to know what my options are, because so far, the attorneys I have hired dont want to fight against the prosecutor, nor do anything to upset him. Its not justice, its a travesty, and I already had a stroke over this, I need no more agrevation.

 

[Zigner]

from them. I do understand the technicalities of the law, I also understand the attorney representing my mother SHOULD HAVE KNOWN this and let my mother know then I wouldnt be dealing with this, wouldnt you agree?

OH AND YOUR WRONG OHIOGAL, he didnt OWN The house, him and MY MOTHER owned it, along with 2 mortgage companies.

but I dont want to assign blame, no argue or dicker with you, I am just asking for help, not to debate the situation, I already know the situation, I know how it happened, I know the law, I just want to know what my options are, because so far, the attorneys I have hired dont want to fight against the prosecutor, nor do anything to upset him. Its not justice, its a travesty, and I already had a stroke over this, I need no more agrevation.

Perhaps you ought to find your own attorney to unravel this mess. It is more complicated than an internet message forum can help with, particularly with the attitude you've shown towards the various volunteers here (including an attorney.)

 

[jbhenson]

Perhaps you ought to find your own attorney to unravel this mess. It is more complicated than an internet message forum can help with, particularly with the attitude you've shown towards the various volunteers here (including an attorney.)

I am wondering why they are attacking me, I wont accept blame, when I have done nothing wrong. I have been attacked over and over again by 2 different people first saying I dont understand my sister owns part of it, yes I understand that she does, but the house wasnt paid off, she owned part of a debt and refuses to pay it. She thinks shes getting a free ride. I am not being aggressive or attacking but the 2 posters here keep being aggressive towards me.

I had an attorney and that ATTORNEY lied to me, I dont trust the system now and thought MAYBE I could get some help from HONEST People.

 

[longislandguy]

I am wondering why they are attacking me, I wont accept blame, when I have done nothing wrong. I have been attacked over and over again by 2 different people first saying I dont understand my sister owns part of it, yes I understand that she does, but the house wasnt paid off, she owned part of a debt and refuses to pay it. She thinks shes getting a free ride. I am not being aggressive or attacking but the 2 posters here keep being aggressive towards me.

I had an attorney and that ATTORNEY lied to me, I dont trust the system now and thought MAYBE I could get some help from HONEST People.

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