Recent Feedback
Years ago my grandmother homesteaded some property in what is now Wheatland, WY. Upon her death, she willed that property to my father and my uncle, with the understanding that they would share and share alike any gains from that property with their two sisters. My father, his brother and one of his sisters are now deceased. One fourth of the property is in a trust that my father set up for me and my two sisters. My aunt wants to assure that her children are provided for and has sued the two trusts and one cousing that are now owners of record on the property, to have her name added to the deed so she can put it in trust for her children. I do not object that my aunt be added to the property, because that is fair. Dealing with her children in the future is a bit scary. However, the attorney that is acting on their behalf in Wyoming wants those currently holding title to pay the cost of making those changes, as well as paying for her attorney. I'm in California. What do I do?
Already Tried: So far I have responded to a letter that asked that I acknowledged that I had received the paperwork, I live in California, the people that are suing me are in Minnesota and have a Wyoming attorney, and the property is in Wyoming. I need to get back to the attorney by August 12.
Hello,
Typically the party who is attempting to obtain legal rights to real estate has the burden of proving that they are entitled to the property and all costs associated with it. It sounds like you are not objecting to her claim but I can not see how she feels that you should bear the costs of her asserting her claim.
If she wants to place her interest in a trust for the benefit of her children then you might have to deal with the situation in the future where they might want to "cash out". If that were to occur, they can file suit for "partition" where they can force a sale of the property so that they can recoup their portion of its value. That is a little off the point, but something that you should have in mind.
I would respond to her that you do not have any objection to her asserting her claim, but you are not willing to pay for her to do that. There is no legal obligation for you to do so and if the other owners feel the same way it is unlikely that a judge would award her the costs of doing so. Typically a judge will award costs to the prevailing party in a case where the other side was in the wrong or caused an unnecessary burden on the plaintiff. That is not the case here and she is attempting to obtain a benefit that she says she is entitled to. If your grandmother had felt that strongly, she could have simply willed it to all children equally by adding the daughters names, but for some reason chose not to do so. What she is asking is for the court to change the written intentions of the testator by looking at what she "intended" instead of what she actually did.
I hope this helps.
Thanks.
Matt
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Experience: 12 yrs practice, Realtor, Landlord 20+ yrs
Before his death last July my father signed a letter acknowledging that my grandmother intended that her daughters share in any proceeds. The wording was provided by my aunt's attorney. Should we deal directly with my aunt, or should we deal with her attorney? Should we call him? How do I communicate? And would the judge care that her children are greedy awful people who forbade her to take anymore trips because she was spending their inheritance? I think you might have something there.... her children would probably make problems for us later.
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