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I am 1 of 5 children that inherited a house and monies in…

Customer Question
I am 1 of...

I am 1 of 5 children that inherited a house and monies in 2010. one brother, my twin, stayed in the house after our mother passed, I moved back home in 2011 just to find out immediately I became a 24/7 caregiver for my twin and we reside in Delaware.

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

The 2 oldest siblings are the executors. One of them was instructed to manage our inheritance so we dont blow it in 5 years, which he has done very well. But he also can sometimes twist the meaning of this to suit his own definition of what our mother wanted. We had to put up the house for sale, which it is in right now which meant Scott & I had to move. I wanted to move either to my sisters or buy a trailer. My sister said no as she does not know the outcome of her situation with the way Dupont is laying off. Scott said no to a mobile home. Our older brother Tom suggested adding onto his home and moving in with him in Wilmington Delaware. We put the $60k into the house, plus edited a tenant contract from Legal Zoom and all 3 of us signed it along with a notary that came to the house. Each of us made requests on what we wanted as far as the additions are concerned, how w we would live, and who would do what. Scott & I have kept each & EVERY promise we made. Tom has not kept a single one! He is saying that we would have to change things as we go along. Well, we did not agree to that and it appears nothing is up for discussion. Now it appears he has the only say! One of the things Scott demanded we put into the agreement (which I praise him for) was that "monies put into the house are NOT a gift"! ALL, including Tom signed off on this! Tom is now getting too demanding and trying to be overly controlling. He is even trying to manipulate how I interact with my ex-girlfriend whom I may get back together with. Tom said once recently as far as the arguing is concerned, if needed he would do what he could to get a loan and send me on my way (which would leave Scott without a caregiver as both he & Tom are in wheelchairs). Tom and I got into an argument last night because he again was sticking his nose into my business about my ex-girlfriend, I told him that was none of his business, he said something back in an argumentative way and I snapped! I told him if he wants to take out his load, than take out the "F"'n loan!! As I walked away he muttered something about I would still have to take care of Scott, which I would not be able to do of course. I need help desperately.

Lawyer's Assistant: Has anything been filed or reported?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

None that I can think of

Submitted: 5 months ago.Category: Legal
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Answered in 3 minutes by:
11/20/2017
Lawyer: Barrister, Attorney replied 5 months ago
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 41,136
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

I have read your comments and am sorry to hear that you are going through this tough situation... But I am not sure what your legal question is that I can help with?

.

Are you wanting to know if you can pull your money back out of the house, or force a sale, or sue Tom, or something else?

..

.

thanks

Barrister

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Customer reply replied 5 months ago
We made agreements I want kept, he is being way to manipulative which is not the impression he gave us it would be. He talked like "you do your thing on this side of the house, I do my thing over here". If I need to go, I need my money back, in whole as he got it. Not in drips & drabs. BTW, He made some bad financial decisions for all of us, without asking (and I have no doubt honorable) and they backed fired, now he is tight with money. I am 5-6 month away from a court decision on my dissability claim and he is trying to FORCE me back to work, that according to my disability lawyer, could lose my case. Even if I just try to go back to work. I have severe arthritis in the base of my spine.
Customer reply replied 5 months ago
I dont have the money, thats why I logged onto this site.
Customer reply replied 5 months ago
all my money went into this house
Lawyer: Barrister, Attorney replied 5 months ago

Ok, the way contract disputes work when they go wrong is that one person has to sue the other person for breach of contract to force them to do what they are supposed to do or pay damages..

.

So of you "invested" your money in his house, and he isn't doing what he agreed, then your recourse here is to sue him for breach of contract to get your money back...which would likely require him to either take out a loan, (which may not be possible) or to force a sale of the house so you can cash out your investment.

.

When he is complaining to you about the situation and threatening, you can just reply that you think you have decided that you are going to talk to a local attorney about suing him for your money back since he isn't holding up his end of the bargain..

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That will likely back him down and off as he should realize that he isn't really in a good position to push you on this..

.

.

thanks

Barrister

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Customer reply replied 5 months ago
Thank you
Lawyer: Barrister, Attorney replied 5 months ago

You are very welcome. Happy to help any time.

.

It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the title and the JustAnswer employees will get it to me.

.

If you feel I have answered all your questions, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work.

.

.

Thanks much

Barrister

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Barrister
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 41,136
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Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs

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