my brother has been writing letters addressed to the family (2 sisters, mother and myself) demanding a family meeting in regards XXXXX XXXXX farm that my mother lives on. The farm was in my mothers, fathers, sister and my name as tenants. the ownership would pass to the survivors in case anyone died. He had my dad sue the rest of us to get his name put on the title. My dad was in early dimentia so he didn't fully understand what all the implications were, but to keep peace in the family we all eventually signed. Unfortunately his lawyer did not file the papers as there was some signature from my mom's lawyer that was needed. In the meantime my father died before the title was changed. this brings us to the present where my brother is basically bullying my mother in regards XXXXX XXXXX his name on the title. My questions are........1) is this document still binding once my dad died (everything went to my mother in the will) and 2) is this bullying/elder abuse.
State/Country relating to question: Canada
I have not done anything but have advised my mother to seek advise from her lawyer. I am afraid the stress from all these letters -4 now- will cause health issues as she is 83
At the time of your father's death whose name was on title?
And was title held as joint tenants or tenants-in-common?
we had signed the papers but the documents were never filed. at the time of his death, there were 4 of us on the title.....my father, my mother, me and my sister.
we held the title as joint tenants.......it was where the land passed to the surviving title holders if someone passed away
Then the Will is not relevant to this issue.
Your brother would have to sue you and your sister and your mother.
Why do you think this is up to your mother now?
I don't think it is just up to her, but he is sending her letters which basically say it is her fault this was not done
But if you all agreed to have his name on title he will sue all of you.
Do you understand that.
does he have to start another lawsuit against us
There as an agreement that he be joined on title.
I don't know what the first case was about.
there was, but it was not completed be his and my fathers lawyer.....then my father died
But from what I can see there was a lawsuit, it settled and now you are all reneging on the settlement.
But you and your sister and mother signed?
Are you going to deny there as an agreement?
we did sign a document
apparently there was still some signature that our lawyer had to sign but didn't. I am not sure what it was about as it was 4 years ago that my dad died
But that still shows you all agreed.
So I don't see how he would lose in Court to be honest.
i see.......so even if it wasn't quite completed and my father died (he actually didn't fully understand what he did as he was in the begining stages of dimentia) before it was finalized my brother has a case?
Yes because you and your mother and sister have the property now and the three of you agreed he would be added to the title.
ok, thanks for your time
You are very welcome.
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