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My desire is to maintain the property and allow her to reside there as my father requested. She is legally disabled and require assist from one of her children, but now all her kids moved back in. I believe she is angry because my parents left everything to me. If she would continue to pay what she has been paying I'm good.
My parent quit deeded the property me six months prior to there death. My mother death was sudden. As for there personal property, (cars ect) were placed in my name at their request. I was the beneficiary on everything i later found out.
to answer you question, no
Thank you for your follow-up, Roger.
From an estate perspective, anything that was not expressly given to you via will would be shared between the beneficiaries (the other children) in proportion. Since your mother passed away first, the father inherited a portion of her share, and the remainder would be split between the children based on state intestacy laws. Then when he passed, his beneficiaries would split whatever was not formally transferred to you.
Perhaps those personal items are what the other party is claiming as hers, since she can possibly contest the transfer of anything after passing. Anything before passing is yours, and if it was also recorded, the other party has absolutely NO interest in the property. Even if she were paying for some sort of a share in the property, since that was done without it being in writing, it is irrelevant in this instance.
As a consequence you are the landlord of the actual property. Unfortunately you cannot make her pay if she does not wish to do so. That means that you would have to either stop collecting or pursue an eviction. There is really no other option in this instance, you cannot make some pay against their will. And if she is refusing to pay, perhaps giving her written notice to quit the premises would make her understand that you are serious. It is not an ideal solution but it is the only option that is truly remaining here.
Hope that helps.
So I am clear, the on content within the house has to be shared between everyone (i.e furniture) ? Other than that, all else was signed over to me which was owned by my parents long time again. Why, I don't really know. We thought my mother was going to be around. Insurance policy, i was the beneficiary which I later found out. Not much, but I used to take care of the svs.
I believe after your response I'm good, thanks
That is correct, anything inside, be it jewelry, paintings, furniture, clothing, family pictures and so forth are to be shared in proportion with all descendants if there is no will stating otherwise. But anything that was directly signed over to you, such as cars, property, and so forth is yours to own without any outside interest.
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