Posted by Rainbow on October 23, 2005 at 23:02:08:
What is she willing to do? What does she want or not want?
I’m in a kind of similar predicament with my greedy sister!
Partition Suit - Posted by Kellstrom
Posted by Kellstrom on October 23, 2005 at 18:30:57:
Everyone says I should file a partition suit against my sister. We are co-owners of property. She refuses to pay any of the taxes insurance or bills for this property. She also refuses to sign off on a sale. Would this eat up all the profit I would make on the sale of this property by giving it all to the lawyers?
Re: Partition Suit - Posted by Kellstrom
Posted by Kellstrom on October 25, 2005 at 02:33:32:
Yes she did trust both of us. We had a mentally ill sister that if she would have inheirited anything the state would have taken away from her. She passed away a year ago. I also never would have thought that my sister would have done this. She had promised my mother right up until the day she died that she would go by the will and that my mother didn’t need to change anything after my sister passed away. The property is completely paid for I pay all the utilities, insurance, and I paid the taxes. We live in Minnesota so I have to heat the house all winter. There is about $150,000 dallors equity in the house. Right now I am waiting for a call from this lawyer I have contacted. My sister has a very domineering husband, and they have told me they are to busy to do anything right now so they said we are on hold until April when he is done trapping. This is all so unreal. I don’t just want to let the house go because my brother, and other sister are really upset.
Re: Partition Suit - Posted by Brian (UT)
Posted by Brian (UT) on October 24, 2005 at 11:10:00:
You say eat up all the profit, what profit? You don’t say what it is worth, the amount of any liens, etc.
If there is little equity then I like Frank Chin’s advice. If there is substantial equity I would approach your sister and tell her your going to file a partition suit unless the two of you can come to terms and this means a court will order the sale of the property and she will have to pay her half of the bills you have already paid for her plus interest, and she will have to pay one-half of the court costs and legal expenses, and does she want to waste money that way.
I don’t know why your mother only deeded to you and your sister when her intent was for the property to go to you and your sister and your 3 other siblings, I’m assuming she trusted the both of you, to bad she was wrong!
Brian
Re: Partition Suit - Posted by Frank Chin
Posted by Frank Chin on October 24, 2005 at 07:29:04:
Debbie:
Looks like you have a greedy sister. You got a war on your hands, and the opposing side is just sitting pretty, refuse to do a thing, laughing themselves silly, and here you are, paying all the bills, going broke, running around, and wonder if everything is going to be eaten up with attorney fees.
Suggest you stop, take a deep breath.
In an earlier post, you said your mom quitclaim the place to you and the sister, though, later on, you said in the will, it goes to 5 siblings. It looks like its something that can’t be willed as its no longer part of the estate. It belongs to you and your sister.
Did it occur to you NOT to pay any of the bills, save yourself a ton of money, and have the place gets foreclosed on for non payment of taxes. If you’re going to lose the place anyway, lose it without going broke paying all the bills. Then go and pick it up at a tax sale!!
Frank Chin