Is there a lawyer available now to answer question? ontario…

Hi, you may be the person I spoke to as I received legal advice and direction twice from you (Legal Ease). I'll briefly describe recap. Tenants in common issue. 85 year old father shared investment property with daughter. Father ill and wants to transfer share to son. Daughter upset & refuses to co-operate. Upon your advice seeked legal counsel. Problem is that Father was talked into letting the daughter manage the property for 25 years and took all documents & paperwork. He only has a promissory note of $100,000 which the daughter told her lawyer has nothing to do with this real estate transaction and about $60,000 in repairs that daughter is not willing to pay (but her invoices she paid). The property was purchased in 1992 for $300,000 and today with daughters financing/refinancing there is an outstanding debt of $465,000. My Dad did sign the mortgage papers because she said she was strapped for monies on her luxury home and to keep family peace he signed. In 1992 her lawyer said there were 2 mortgages taken out to pay the land. One mortgage was from my Dad who mortgaged his home and the other mortgage was he & his daughter. After 25 years later, she claims he has to pay out about $70,000 as he stopped repayment. He didn't know about her financing/refinancing because she told him it was paid off so he is shocked today to know the huge debt outstanding. There was a rental home & in 25 years it was vacant 25% and Father paid daughter in cash to cover his portion. Where we are today......... I took him to the lawyer who continually gets bullied by her lawyer. Her lawyer sent in the accounting from the year my Dad sold his personal property that she lived rent free for 18 years, and there is no accounting from 1992-1999,It is 2001 where all the problems lie because my Dad used his money from the sale to get the mortgages, spent about $100,000 gutting out the home/cleaning the property/repairs/put up fences, etc..... These have never been paid to date. So, in 1992 father took mortgage out of $145,000 and it was discharged at the sale of his property. The other mortgage of $145,000 was taken out in both father & daughters name and they put it against the property they purchased together. In 2001 when father sold his other property, his mortgage was discharged but the outstanding one was the one they shared for $145,000. Daughter remortgaged to $171,000 in 2001 and again in 2008. The rental income was around $11,000 but her interest charges ran around $9,0000. Today she claims she had paid her interest charges and wants her father to pay approx. $39,000 that she said he hasn't paid.Problem is my father has no documentation. The only thing he has is a promissory note daughter wrote in 2008 for $100,000 and the invoices of about $30,000 in repairs. Her lawyer said the promissory note has nothing to do with this matter and continues to bully our lawyer.Outcomes so far:1. With your advice I went to check the banks for a joint bank account - there is none. We found she has been banking since 1992 at her own bank. So, she lied about a joint account. However, at her bank there is a mortgage in both my fathers & her name.2. With your advice, I had the lawyer get the closing papers - looks like some of the monies my Dad was supposed to get from the closing of his personal property (the property his daughter lived 18 years rent free) went into this bank account around 2001. I went to the bank but they go back 7 years (by law) and don't have anything this far back. Her lawyer denied he transacted for my Dad but in both real estate transactions his firm did the transaction. Isn't there a problem with this?3. Her lawyer has made 2 proposals but continually ignores our lawyer's request for proof that the Promissory Note of 2008 was paid (as they claim) and totally ignore getting paid for the repairs.4. The 2 offers her lawyer presented are high & I think this is because our lawyer shared that if the price was right my brother (their heir) would be interested in purchasing it. Problem is her commercial appraisal sent that the property, if lucky, was worth $900,000 . The 2 offers work out to be around $600,000. In yesterday's letter he basically this offer or he's filing the partition for sale.5. What I don't understand is why this lawyer is not addressing the Promissory Note & repairs and knock if off the offer. Our lawyers said there's not much evidence for our father and if we go to court it will cost about $100,000 to have my Dad's story told before a judge. My Dad doesn't have this money. I went to an accountant to understand the her complicated accounting and he told me that the daughter used his monies from 1992 and is trying to figure out why my Dad is still owing her after the rental monies and her high refinancing. My sister has lived in 2 luxury homes over $1.2 million. My Dad has been left with little and living frugually.6. I don't understand why our lawyer can't maker her accountable and our request for proof for the Promissory note and repairs.To buy the deal, it works out as if the property was being purchased for approx. $1.2 million where each gets $600,000.I'm not sure how to settle this case because if we sell my father will get around $500,000 and her lawyer wants him to pay her approx. $100,000. My father loses either way.Your advice and direction is appreciated.

What kind of a claim can I request to be started?is there a way to prove his position without the documentation?

is it just called 'a claim' or is there a specific name to this claim?

how expensive is this so I have a rough idea?

The daughter is refusing mediation. She does not want to come to meetings that our lawyer has tried to arrange. Her lawyer wrote she wants to sever ties. So, I don't think mediation is going to work and her lawyer has been bold and bullying that the Dad owes her.

I'm thinking and see if this is sound...........1. This is the 2nd time, her lawyer is aggressive with his offer and puts down the Father.2. Now that I have an accountant who sees how the daughter used Father's monies to finance this property & then has been mortgaging & refinancing creating high interest rates, using her own bank account and not joint as they verbally agreed to, now that we have the closing papers, her not proving she paid out the Promissory Note, she lived in his previous property for 18 years, ................... is the kind of information I can use to begin to create a case to show how my Dad has been taken advantage of my Father?3. As for accepting an offer, her appraiser says it's worth $900,000. My brother believes he can get a max of $1.1 or $1.2. This leaves each with approx. $500,000 - $600,000. In both proposals her lawyer is seeking roughly $510,000 and Father is to pay his outstanding $39,000 and the legal charges for discharging her mortgage of $313,000 and the charges for transferring it to the Father. Her lawyer is not waivering and will not give the Father at the very least $100,000 for Promissory note won't pay for Father's invoices of the repairs he did on the land. If we don't agree to this he is filing a partition of sale.4. So, the daughter has Father at gunpoint which is so wrong. Given all the evidence I now collected from what you told me to do, would my Father be in a better position to let them sell & start a claim and try to recover some monies over a 25 year period based on the closing of his home that basically paid for this property and was used by sister to fund her own purposes?Our lawyer thinks their offer is worth considering but she walks away with $550,00-313,000= $237,000 net and not accountable because she wants the Father to pay out all the charges. She isn't accountable for the $100,000 Promissory note nor the repairs. I don't think this is a fair deal at all in order to keep her share of the property when she profited for 25 years. Any brainstorming on this might help clear my head as the burden is resting on me. Thanks!!!!

You are a busy household with 4 children! I hope your child feels well soon as soon!. Tonight sounds like a good for healing medicine, a good movie and comfort that brings smiles and security. Thank you for letting me know that you are busy with the children. I appreciate the communication.WHENEVER YOU HAVE SOME TIME, if you can help me with this last piece, I am grateful. I am alone in this situation and my parents depend on me heavily. My brother's plate is full and he's been in hospital for heart issues as well. The emotional impact is huge and I've had my Dad in and out of hospital since before Christmas. I had medical issues that I could no longer reschedule this week for myself, and it's been challenging. I will be leaving tomorrow around noon to look after them and gone for a few days to take them on appointments.The long and the short of it, I guess I have to decide 2 things now as to how to proceed. If you can give me your advice it would be helpful to gather clarity where to go with all this. Our lawyer wants to know what I want to do next? He is pushing to accept the deal because he feels my Dad's case is weak without evidence. What choice would be our best interest:1) Is a good settling price $490,000 and buy her out. At $490,000 she pays the $465,000 debt on the land along with the fees to get her mortgage discharged & transferred to the father/brother. We forget the $100,000 Promissory note & repairs. This would allow my Father to hold on to the land). However, she and her lawyer won't accept this. How about making a claim at this point, could that get her lawyer to reconsider with her??? At $490,000-465,000=$20,000 which allows her to pay costs for discharging her mortgage & transferring it to her Father. Of she refuses this, how is she made accountable for the 2008 Promissory note of $100,000 & the repairs????OR2) with negotiating being so difficult now with my sister's lawyer, how will my Dad be able to litigate his case when they sell the land. Our lawyer is soft? Is there a way my Dad can go before a judge???OR
3) ? not sure how else to think this through unless my Dad sues but my Dad doesn't have $100,000 his lawyer quoted him.Any idea()s is appreciated, WHEN YOU HAVE TIME. The children come first.I am anxious because our lawyer wants to know on Monday, Mar. 6th what I want him to do. I've told him I didn't think it was a good deal, but he's pushing it and my sister's lawyer is aggressive with the offer. I'm at a standstill. My Dad has been charged $10,000 for his services and the lousy offer came in for the second time, both arriving on Friday. I'm afraid of starting up with a new lawyer and more fees. So, WHEN YOU HAVE SOME TIME to give this some thought, what would strategy would work best for my Dad (#1, 2, 3???). I know that the offer my sister and her lawyer gave him as his ultimatum is killing him. My sister has killed his spirit and his sense of worth all of what he did for family! If you knew what this man did and his history, it is unimaginable! One day I hope to write about it. Hope your child feels better!

Thank you very much for taking the time out of the busy-ness of family life to help me! At least I have some idea now of how to arrive at a better option. I don't know how lawyers do it! It can be a real battleground!!! Once again, thank you for your support in working through this messYou've got your child on one hand and me on the other. Soon we'll have you taking that miracle pill, Tylenol. LOL. Hope your child gets well soon and you can close your evening quietly with some time for yourself. Bye for now.