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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 36967
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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My parents quitclaim deeded their property to me Feb, 2013.

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My parents quitclaim deeded their property to me Feb, 2013. My mother suddenly passed from a heart attack May 27, 2013. My father in turned passed June 17, 2013 from a broken heart accompanied with Lung Cancer. My father was diagnose with lung cancer March, 2013. I was the POA for my father per my parents request. My father had several other children from a previous marriage and my mother had one. My younger sister and I were the only from between born on to our parents. My sister her adult daughter has resided in the rear house of my parent for the past 20 years paying rent of $600.00. upon my father's death, request to allow my sister remain in rear and continue with same rent. My sister has since move her to other adult children in, but refuse to continue to pay me rent after paying me for July, Aug, and Sept. She feels she is co-owner, and request I take her to court, feels she is entitled to move in front house and unless I allow, will not continue to pay. The utilities are shared between both property which I have been paying including tax/Ins, lawn svs. Quitclaim has been recorded with county. I have once served her with three notice in Aug. She refused to believe I own the property. Her claim is she was not required to pay rent, but the monies she had been giving my parents all these years was to assist with the taxes and Insurance, but never rent. Thats not true because I once rented the same unit and others. Problem, my parent had not rental agreement. I have since served her with one, but she refuse to sign and return.

What are my option. I don't want to put her out, but I cannot maintain the property without her portion. I just would like to maintain has is. She has a dog that has totally destroyed the yard by digging hole underneath the house and fence lines.
Submitted: 9 months ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 9 months ago.
Thank you for your question. Please permit me to assist you with your concerns.

This is a tough situation to be in. If I may ask, what, ideally, would you wish to accomplish? I ask because if she is refusing to pay and is destroying the property, it really limits your options. Please advise.
Customer: replied 9 months ago.

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.

Expert:  Dimitry K., Esq. replied 9 months ago.
Thank you for your follow-up, Roger.

If I may ask, did your parents leave all this in writing as per a will or a final directive, or was it an oral understanding that it would all go to you?
Customer: replied 9 months ago.

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

Expert:  Dimitry K., Esq. replied 9 months ago.

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.

Customer: replied 9 months ago.

Lastly,


 


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

Expert:  Dimitry K., Esq. replied 9 months ago.

Thank you for your follow-up, Roger.

 

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.

 

Hope that helps.

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 36967
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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