Comments on: If I don’t add my name on inherited house deed w/ brother, do I forfiet right to sale proceeds later? http://1worldrealtyllc.com/townhouses-for-sale/if-i-dont-add-my-name-on-inherited-house-deed-w-brother-do-i-forfiet-right-to-sale-proceeds-later Buying, Selling and Renting Houses and Apartments Mon, 21 Jun 2010 01:30:03 +0000 hourly 1 http://wordpress.org/?v=3.0.1 By: Jeanne R http://1worldrealtyllc.com/townhouses-for-sale/if-i-dont-add-my-name-on-inherited-house-deed-w-brother-do-i-forfiet-right-to-sale-proceeds-later/comment-page-1#comment-2804 Jeanne R Tue, 09 Feb 2010 04:54:59 +0000 http://1worldrealtyllc.com/townhouses-for-sale/if-i-dont-add-my-name-on-inherited-house-deed-w-brother-do-i-forfiet-right-to-sale-proceeds-later#comment-2804 It is time for you to become disentangled from your brother and you need to do it now. Your brother has been enabled by your parents and has never grown up. It's time to let your brother start being a grownup adult. While I understand and applaud your wish to keep peace in the family, you have no peace now! Tell your brother ( or have the attorney tell him) the estate is going to be divided NOW. Your "doctor" (me- LOL) has told you that the stress of all of this upset is not healthy for you. Take a car and whatever personal property from the house that you want (as long as it's not more than half). He has lived in the house rent free so all of the expenses of the house are his responsibility. If brother wants the house, he can: 1. Get a mortgage and buy you out now! or 2. Use his 401(k) proceeds to buy you out now! If he doesn't want the house, he can: 1. Move out within 30 days and 2. The house goes on the market. Either way, he needs to give you $40K for your half. He has 30 days to complete the buy out or the house is going on the market and he moves out. Then you can quit claim the deed but not before you get your money. If you quit claim it now, you will never get a cent. Do not give up anything in return for his "promises", you already know what those are worth. In the meantime, speak with the attorney for the estate or get your own attorney, if necessary, and ask about filing an "Action of Partition" on the property. A Partition, which is granted by the Judge in Court, will force the sale of the property or force your brother to pay you the value of your portion. It is a judgment which will force him to get up off his lazy butt and get you the money that you are owed for the house. If he ignores the judgment, the Sheriffs will come and put him out and the property goes up for sale. If brother gets really persnickety, he may wind up in jail for contempt. Which would be fitting because he is treating you with contempt right now and has been since this ordeal began. Do not share title with your brother and do not give him full title until you have a certified check (although in this cash, I would rather have real cash) in your hand. I agree with your husband that you do not want ANYTHING of value tied to your brother. If he gets sued and you share property with him, they will come after you also.<br><b>References : </b><br> It is time for you to become disentangled from your brother and you need to do it now. Your brother has been enabled by your parents and has never grown up. It’s time to let your brother start being a grownup adult. While I understand and applaud your wish to keep peace in the family, you have no peace now! Tell your brother ( or have the attorney tell him) the estate is going to be divided NOW. Your "doctor" (me- LOL) has told you that the stress of all of this upset is not healthy for you. Take a car and whatever personal property from the house that you want (as long as it’s not more than half).
He has lived in the house rent free so all of the expenses of the house are his responsibility. If brother wants the house, he can:

1. Get a mortgage and buy you out now! or
2. Use his 401(k) proceeds to buy you out now!

If he doesn’t want the house, he can:

1. Move out within 30 days and
2. The house goes on the market.

Either way, he needs to give you $40K for your half. He has 30 days to complete the buy out or the house is going on the market and he moves out. Then you can quit claim the deed but not before you get your money. If you quit claim it now, you will never get a cent.

Do not give up anything in return for his "promises", you already know what those are worth. In the meantime, speak with the attorney for the estate or get your own attorney, if necessary, and ask about filing an "Action of Partition" on the property. A Partition, which is granted by the Judge in Court, will force the sale of the property or force your brother to pay you the value of your portion. It is a judgment which will force him to get up off his lazy butt and get you the money that you are owed for the house. If he ignores the judgment, the Sheriffs will come and put him out and the property goes up for sale. If brother gets really persnickety, he may wind up in jail for contempt. Which would be fitting because he is treating you with contempt right now and has been since this ordeal began.
Do not share title with your brother and do not give him full title until you have a certified check (although in this cash, I would rather have real cash) in your hand. I agree with your husband that you do not want ANYTHING of value tied to your brother. If he gets sued and you share property with him, they will come after you also.
References :

]]> By: madamsmall http://1worldrealtyllc.com/townhouses-for-sale/if-i-dont-add-my-name-on-inherited-house-deed-w-brother-do-i-forfiet-right-to-sale-proceeds-later/comment-page-1#comment-2803 madamsmall Tue, 09 Feb 2010 04:42:59 +0000 http://1worldrealtyllc.com/townhouses-for-sale/if-i-dont-add-my-name-on-inherited-house-deed-w-brother-do-i-forfiet-right-to-sale-proceeds-later#comment-2803 This situation is ridiculous, if he wasn't family this would have ended a long time ago I bet. Tell him if he wants to live in the house then he needs to go to the bank and remortgage it, giving you half of the current value in cash from that loan, 35-40k dollars. Then he has the house and you have your half. He can do whatever he wants, let it rot, get sued or "flip it". If he wont agree to these terms, kick him out. He needs a reality check and he needs to stop screwing other people over. That's exactly what he's doing to you and you're letting him. Kick him out, sell the house and give him his half. He can resent you for it in an apartment living off your parents hard earned money until he runs out. 2 years is far too long, this should have happened a while ago.<br><b>References : </b><br> This situation is ridiculous, if he wasn’t family this would have ended a long time ago I bet. Tell him if he wants to live in the house then he needs to go to the bank and remortgage it, giving you half of the current value in cash from that loan, 35-40k dollars. Then he has the house and you have your half. He can do whatever he wants, let it rot, get sued or "flip it".

If he wont agree to these terms, kick him out. He needs a reality check and he needs to stop screwing other people over. That’s exactly what he’s doing to you and you’re letting him. Kick him out, sell the house and give him his half. He can resent you for it in an apartment living off your parents hard earned money until he runs out. 2 years is far too long, this should have happened a while ago.
References :

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