How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Barrister Your Own Question

Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 24539
Experience:  14 yrs estate law, real estate. Wills/Trusts/Probate
19958803
Type Your Estate Law Question Here...
Barrister is online now
A new question is answered every 9 seconds

my mother in laws passed away in jan 2013, and her home was

Resolved Question:

my mother in laws passed away in jan 2013, and her home was in her name and my husbands name. In late august of 2012 my sister in law moved in to help care for my mother in law. My sister in law had POA and is executor of the will. She is still living in the house and has not settled my mother in laws debits as requested per my mother in laws will. It also states in my mother in laws will that my sister in law gets everything, but like I said the house was in my husbands and mother in laws name. Does my sister in law have the right to live in the house rent free, and not pay my mother in laws debits
Submitted: 1 year ago.
Category: Estate Law
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
.
On the actual deed where husband and MIL were listed as owners, does it use the terminology "joint tenants" or "joint tenancy with right of survivorship" or "tenants in common"?
.
.
Thanks
Barrister
Customer: replied 1 year ago.

the deed that I have states joint tenants with rights of survivorship and not as tenants in common, but that is not the same deed that is on file with the city


 

Expert:  Barrister replied 1 year ago.
Ok, does the one that is actually filed say the same thing? (this is critical)
.
Is the one you have the same thing, just an unsigned copy?
.
.
Thanks
Barrister
Customer: replied 1 year ago.

the original one that i have is from 2003 my husband and mother in law went into the lawyers office and it is notarized...the 2nd one my husband did not know what he was signing..he thought it was just for her to get a copy of the deed

Expert:  Barrister replied 1 year ago.
Ok, so does the one that is recorded at the county clerk/recorder's office have the "tenants in common" (TIC) or the "joint tenants" (JTWROS) language in it?
.
.
Thanks
Barrister
Customer: replied 1 year ago.

I honestly do not know...because we never got a copy of it all i know it was changed so that when my MIL did pass that her 1/2 of the property would go to my SIL


 

Expert:  Barrister replied 1 year ago.
Ok, assuming that it has the same "JTWROS" language as the one you have, that means that MIL's interest in the property would have extinguished at the moment of her death and your husband would have become the sole owner of the property.
.
With that said, since he is the sole owner by virtue of the joint tenancy deed, that house is not in MIL's estate so is not subject to the probate laws. So husband owns it outright now and can just serve sister with a written notice to terminate her tenancy of the property. PA law doesn't specify the amount of notice a landlord has to give (and he is her landlord now) but 30 days is typical. Then if she doesn't move out, he would have to file for a formal eviction action through the court to force her out.
.
.
Thanks
Barrister
Customer: replied 1 year ago.

but like i stated it was changed to benefit my SIL so that when in the event of my MIL's death that my husband would not own the property that my SIL would get 1/2 so it was changed to whatever the tenants in common, but my question is...with it being changed to her owning 1/2 of the property and the fact that she moved in 8 months prior to the death of my MIL...and she had POA & she is executor of will...does she have the right to live there rent free...

Customer: replied 1 year ago.

my MIL tricked my husband on Date the deed was transferred: 11/13/2006
Sale type: Sales between related parties, i.e. Grantor/Grantee, Owner/Tenant..i just found this online...it believe it is tenants in common...the original deed that i have was dated 2003 so with that being said my SIL get's my MIL's 1/2 of the property, but she is not settling any of the debits...she got welfare involved to care for my MIL, and she has to pay them back 26,000.00 from the estate...but what gives her the right to make herself at home without paying rent or paying back the debits of my MIL's estate


Customer: replied 1 year ago.

I just want to know what my husbands rights are that he has owned this house with his mother since 2003, his mother was forced to change the deed to I believe tenants in common, my SIL has been living there, and thinks that the house is hers, and we want not parts of her, she has forced my MIL to sign many documents when my MIL was not of sound mind, and we have proven that, my SIL has been abusing her authority as POA and now executor of the will...also my MIL did not dis-own my husband in the will...but my SIL made my MIL leave everything to her

Expert:  Barrister replied 1 year ago.
Ok, if they signed a new deed so MIL's 50% would go to SIL, then that would have to be a tenants in common deed where husband now owns 50% and SIL owns 50%.
.
If that is the case, then she has a legal right to live there becayse she is an owner of the property. Your husband also has a right to live there if he chooses. However, if she is living there, husband would have a claim for half the fair market rental value since the house could presumably be rented out and earn income.
.
She can't just use the entire house for free and not compensate your husband.
.
But if husband wanted to collect, he would have to sue her in court under the theory that she was preventing him from being able to earn income from the property due to her occupancy. If he decided that he just wanted to sell, he could file a "partition action" where he gets a judge to order the property sold so he can cash out his interest.
.
.
Thanks
Barrister
Customer: replied 1 year ago.

Ok..so what about the 26000 that she has to pay back to welfare for the care that was provided for my MIL...she has stated several times that she is not paying them. When she was the one that signed all of the docs for my MIL to get the care, and again she had POA...my husband never signed anything giving welfare to attach any lean onto the property


 

Expert:  Barrister replied 1 year ago.
That is kind of veering off in a new direction because I assume you are talking about some type of Medicaid lien what was placed against the house to reimburse Medicaid under the Medicaid Estate Recovery System...
.
The house would remain subject to the lien if any transfer was made within 60 months of MIL applying for Medicaid to pay for any nursing home or assisted living care or while she was receiving benefits. These programs are poverty based and they require the applicant to pay for their own care if they are able to and then reimburse Medicaid through a lien on their home when they die. Some states only allow liens on estate assets but some will consider a home the testator owned right before death to still be an asset that can be liened.
.
BotXXXXX XXXXXne is that if someone doesn't pay the lien, they will foreclose and force a sale of the house.
.
So at this point, husband's best course of action might be to file a partition lawsuit to force a sale of the house, pay off the lien, and then split the proceeds with SIL and walk away.
.
.
Thanks
Barrister
Customer: replied 1 year ago.

LOL! Easier said than done with her. So at this point we are going to send her a letter telling her if she wants to continue living there. She has 1 of 3 choices. Either she starts paying rent, buys my husband out or we buy her out. She already has her own home that she owns and is renting out, and she has been living at my MIL's for the past 9 months rent free...there is also a line of credit on the house that my husband took out for my MIL to help her out, that we are stuck paying

Expert:  Barrister replied 1 year ago.
Ouch...it sounds like she is just milking this cow for all she can get...For what it is worth, I would suggest you have a local attorney send the letter as it will have more "bite" to it. If it is just a letter from her brother she will just likely ignore it as a bluff. When you get a letter from an attorney threatening to sue you, most prudent people take it seriously and try to work it out.
.
But if she is a mooch, I still think it is best to just force a sale of the house. Husband can bid on it at any sale and just buy her out if he really wanted to keep it. That way it forces her out of the picture permanently.
.
.
Thanks
Barrister
Customer: replied 1 year ago.

Mooch is putting it kindly...my MIL had a brain tumor...I helped care for her, and in April of 2012 my SIL made my MIL sign ins papers making her the beneficiary of the policy that was for my son (who is the only grandchild) at that time in April my MIL was like a child you could get her to sign or do anything. We filed a dispute with the ins co, and still have not heard anything...we provided them with medical records, and also messages from my SIL stating that my son did not deserve it that she did, and that is why she made her mother change it...because she was POA she could not change it herself...she also tried withdrawing money from the line of credit..that is why it was in my husbands name only...but like I said we are stuck paying for it...my MIL changed her will and stated that the line of credit was for her and was to be paid off, but some how her will was changed again...stating that everything goes to my SIL...

Expert:  Barrister replied 1 year ago.
To be very blunt, that is pretty lousy of SIL to do.. From a purely legal perspective, husband could file suit against her and allege "undue influence" and try to prove that mother was improperly induced to make these changes to benefit SIL.
.
But to be honest, it would cost a great deal to pursue this, probably in the $10K range because the attorney would have to hire experts to testify about mother's condition as well as getting her doctors to testify as to mother's medical and mental condition and whether she was legally competent in their opinion to make all the changes that benefitted SIL...
.
So it boils down to how much it is worth to pursue this and if it is clear that MIL didn't know what she was doing when she signed things.
.
.
Thanks
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 24539
Experience: 14 yrs estate law, real estate. Wills/Trusts/Probate
Barrister and 3 other Estate Law Specialists are ready to help you
Customer: replied 1 year ago.

well...i do have the medical records,and her one doctor wrote in the report what my SIL said about my MIL...which was ...she has memory loss has gotten worst, she can not be left alone anymore, she forgets to eat and take her meds, she does not know what day it is, she leaves water running all night long, she falls several times a week, she can not even remember if she ate or took her meds...then the doctor confirmed what my SIL had to say...so the way i look at it...is one word KARMA

Expert:  Barrister replied 1 year ago.
Well, that is pretty damning evidence if you got that in front of a judge to challenge any changes that she forced MIL to make. The only question would be how far back should the changes be undone..
.
.
Thanks
Barrister
Customer: replied 1 year ago.

she made her sign the papers in april of 2012 and the medical report from the doctor was from may 2012

Expert:  Barrister replied 1 year ago.
That would be pretty convincing evidence as far as I am concerned if husband wanted to sue to challenge the changes...
.
.
Thanks
Barrister
Customer: replied 1 year ago.

well we have a dispute in with the ins company...they have not paid out on the policy...we can make her life a living hell if we chose too, but at this point we just want her gone, but I think we just have to let her stop thinking she is winning, and I am going to contact a lawyer and ask them to send the letter about the rent, and give her the choices that I mentioned earlier...she is a self centered greedy person, and we are getting tired of paying for the line of credit that we never used...

Expert:  Barrister replied 1 year ago.
I can understand that sometimes even though you are in the right, the fight is just not worth the stress and time required to teach someone a lesson....
.
But I completely agree that kharma definitely will come around and pay her a visit...
.
.
Thanks
Barrister
Customer: replied 1 year ago.

well we are going to start out with a certified letter, my husband does not want to speak to her, and the best part is...we lived with my MIL for 3 years to help her out, and then we moved 1/2 a block away from her so that we would still be close...with that being said...I will start with certified letter...if no reply then I will seek out a lawyer...i just did not know my husbands rights


 

Expert:  Barrister replied 1 year ago.
If she has any sense, she will agree to settle things with you so you don't have to drag her into court....
.
.
Thanks
Barrister
Customer: replied 1 year ago.

I wish that I had the copy of her text message in my pc so that I could show you the type of person she is. Self center, greedy, always trying to beat the system...does not have a problem with taking things that does not belong to her...this is not the 1st time she has taking something that belonged to my son...when my FIL passed he left 3 sets of very old Lionel trains to my son & an old Juke box...she took both...we let it go, but we are not letting this go, because like I said earlier we are paying the line of credit that my husband took out to help my MIL, and it is in his name only...we have to put out 430.00 every month for a house that my SIL in living in rent free, and she is sitting back collecting rent on her own personal property

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns. Loretta T Illinois
< Last | Next >
  • My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns. Loretta T Illinois
  • Thanks Adam!! - A very direct and understandable response - you have been a great help! Happy Customer Ellicott City, MD
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
 
 
 

Meet The Experts:

 
 
 
  • Thomas McJD

    Attorney

    Satisfied Customers:

    3076
    Wills, Trusts, Probate & other Estate Matters
< Last | Next >
  • http://ww2.justanswer.com/uploads/MC/mclemorelawyer/2011-9-21_193631_IMGP8718Version2.64x64.jpg Thomas McJD's Avatar

    Thomas McJD

    Attorney

    Satisfied Customers:

    3076
    Wills, Trusts, Probate & other Estate Matters
  • http://ww2.justanswer.com/uploads/NY/nyclawyer/2012-6-7_22011_photo66139201112041.64x64.jpg Infolawyer's Avatar

    Infolawyer

    Attorney

    Satisfied Customers:

    3781
    Licensed attorney helping individuals and businesses.
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Attorney

    Satisfied Customers:

    2188
    13 yrs estate law, real estate. Wills/Trusts/Probate
  • http://ww2.justanswer.com/uploads/RA/rayanswers/2012-6-7_23346_Untitled1.64x64.jpg RayAnswers's Avatar

    RayAnswers

    Attorney

    Satisfied Customers:

    1484
    Texas lawyer for 29 years in Estate law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Attorney

    Satisfied Customers:

    1226
    Experienced in multiple areas of the law.
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Attorney

    Satisfied Customers:

    770
    12+ yrs. of experience including estate law.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    754
    Fully licensed attorney in Texas in private practice.
 
 
 

Related Estate Law Questions

Chat Now With An Estate Lawyer
Barrister
Barrister
Attorney/Landlord/Realtor
3165 Satisfied Customers
14 yrs estate law, real estate. Wills/Trusts/Probate