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That I and my sister each inherited a piece of property from

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That I and my sister each inherited a piece of property from our grandfather.
To help reduce our mother's expenses in leasing a mobile home lot and having a safer surrounding, for the best interest of our mother, we decided to move her from a local mobile home park. At that time and to this day, is considered to be a violent place and infested with drug dealers.

At this time I was going through a divorce and did not want my property tied up in litigation associated with my divorce; and my sister and I agreed to combine the two properties so we could move our mother onto the land. An agreement was made that after the death of my mother, the property would be returned back to me as the way it was inherited. We trusted that the arrangement was best for my mother and my personal situation. The property was placed in my sister's name as part of our family agreement in trust that I would regain my share of the inheritance from my grandfather.

1) the transfer of the deed was faxed first, I signed and re-faxed back to her attorney.
2) the agreement to regain my property after my mothers death was never received by me.
3) neither properties met the minimum size required by the county. That was why the properties were combined.

I would like to receive my property back. Is it possible? Thank you in advance.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Pro replied 1 year ago.

Welcome to JustAnswer! My goal is to do my very best to understand your situation and to provide a full and complete excellent answer for you.

My name is XXXXX XXXXX I'm going to assist you with your question.

Please bear with me if you believe my answer isn’t coming fast enough because I’m also working with other customers too. I apologize for any seemingly late response.


Is your sister in agreement transferring back the property to you?

What is the problem as you understand it?
Customer: replied 1 year ago.

No...she is not.


 


Because of family issues , she is not willing to return the property

Expert:  Law Pro replied 1 year ago.
That's what I thought was going on but wanted to make sure.


Did you have an agreement in writing that upon your demand or circumstances or your option she would be required to transfer the property back to you?
Customer: replied 1 year ago.

No written agreement... a verbal agreement...but 2 sworn affidavits stating that their was a verbal agreement ...family trust you might say.


 


State of South Carolina....see Mabel Dixon v. Stevan Dixon


Appeal from Anderson county Ellis B Drew, Jr Master -in equity


Opinion No 25925

Expert:  Law Pro replied 1 year ago.
OK, I read that - how is it applicable to your case? They had a written agreement as to their agreement in addition to the deed.
Customer: replied 1 year ago.

I was wondering if that was applicable. Basically "TRUST". Without combining the properties, we would not been able to place my mom's mobile home onto the property. "WE" trusted that it was for the best interest for our Mother

Expert:  Law Pro replied 1 year ago.
There is no "Trust" document - a document describing a "Trust" - correct?

When did you combine the properties - what year?

On the deed from you to your sister - what was the stated "consideration" - $1.00 or what?
Customer: replied 1 year ago.

in consideration of the sum of $5.00 love and affection from my sister to the Grantor in hand paid at and before the sealing snf the delivery of these presents by my sister ....etc


 


1994


 


A verbal trust agreement but 2 sworn affidavits from persons familiar with this agreement stating that we trusted the property would be returned as the way it was inherited,.

Expert:  Law Pro replied 1 year ago.
Regretfully - verbal agreements concerning interests in real property (real estate) are not valid and binding.

SC Statute of Frauds:

Any contract (agreement) for an interest in land or any agreement that is not to be performed within one year must be in writing and signed by the party against whom it is seeking to be enforced. (§ 32-3-10(4)). Failure to put such a contract in writing renders it void. (§ 27-35-20). Moreover, a contract required to be in writing by the Statute of Frauds cannot be orally modified. Windham v. Honeycutt, 279 S.C. 109, 302 S.E.2d 856 (1983) (court held evidence of oral modification of the
real estate
contract as violative of the Statute of Frauds).


So, although you had a verbal agreement that she was to transfer the property back to you - that verbal agreement is invalid and not binding upon her.


Your alternative argument (which is a long shot) is to argue duress and/or undue influence when you made the agreement and transferred the property to her.

That case you referenced me to explains those potential arguments.

But since the Trust was only a verbal agreement or understanding, that there was no written agreement that she was to transfer the property back to you upon your demand or other occurrence, that you did transfer the property by deed to your sister without any conditions or contingencies, and that although nominal consideration given - it would be considered a valid "gift" of the property to your sister.

Regretfully, unless you can make a valid argument for undue influence, duress at the time, and a confidential relationship - I don't see how you can force your sister to transfer the property back to you.

The law is very clear - that orgal agreements are valid and that you don't have anything in writing mandating that she transfer the property back to you upon an event.

Sorry. I don't see how you can force her to transfer the property back to you.

I realize that this answer may not be entirely to your liking, and I regret being the bearer of information that you really don’t want to hear. But it would be unfair to you and unprofessional of me were I to provide you with anything less than truthful and honest information. I hope you understand.


Thank you so much for allowing me to help you with your questions. I have done my best to provide information which will be helpful to you. If I have not fully addressed your questions or if you have any follow up questions, or if I have misinterpreted your questions in any way, please do not rate me yet, but simply ask a follow up question without rating so I can provide you with a fully satisfactory answer. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service with 3, 4, or 5 faces/stars so I can receive credit for helping you today. I thank you in advance for taking the time to provide me a positive rating!





Customer: replied 1 year ago.

It is my understanding that this question/answer by your service is a one shot deal of $29.00. Am I correct? No more other and future charges to my cc account.

Expert:  Law Pro replied 1 year ago.
Yes, that's correct.

Again, sorry for the answer that I had to give you under the facts and circumstances you described.

I wish I could have stated otherwise - but I can't.


Thank you so much for allowing me to help you with your questions. I have done my best to provide information which will be helpful to you. If I have not fully addressed your questions or if you have any follow up questions, or if I have misinterpreted your questions in any way, please do not rate me yet, but simply ask a follow up question without rating so I can provide you with a fully satisfactory answer. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service with 3, 4, or 5 faces/stars so I can receive credit for helping you today. I thank you in advance for taking the time to provide me a positive rating!
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