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i have a living estate on my home and mom passed.me and my…

Customer Question
i have a living estate...
i have a living estate on my home and mom passed.me and my brother now own the home both half and half. he just sprung on me he wants me to mortgage the house pronto for his half of the house.There currently is no mortgage on home and im not sure if we should sell or if i want to keep it. I thought id have time to make a choice. I have lived in this house for 5 years taking care of mom and paying bills. my brother nothing. ive also spent several dollars for repairs and upgrades. what rights do I have can he sue me for rent can i sue him or get somelthig for provding care for mom for 5 years and paying towards the home the mortage would be on me and the home still needs alot of repair so i dont know if its worth it to keep i need to know my options if he pushes me out i was also the health care proxy and there ws no will im currently getting a letter of testimentary naming me executor
Submitted: 8 years ago.Category: Real Estate Law
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Answered in 17 minutes by:
6/12/2010
Real Estate Lawyer: socrateaser, Lawyer replied 8 years ago
socrateaser
socrateaser, Lawyer
Category: Real Estate Law
Satisfied Customers: 40,150
Experience: Attorney and Real Estate broker -- Retired
Verified

Good evening.

 

I'm going to give it to you straight. It probably won't be what you want to read, but you may as well know where you stand, before things get ugly -- which is usually what happens in these circumstances.

 

You have the right to occupy the property without paying rent to your brother, and visa versa. Neither of you has the right to exclusive possession without the other's consent. Your brother can force a sale of the property via a "partition and sale" legal action. You have no right to reimbursement for the care of your mother -- it was a gift, and a gift is irrevocable.

 

The only grounds that you may have for reimbursement is for your improvements to the property, your brother could be required to contribute to one half of the cost of those improvements as part of the legal action.

 

A partition and sale action is expensive, because it requires the appointment of a "receiver" and that person gets paid to oversee the sale of the property. This is in addition to any real estate sales commission costs.

 

Your best move, from a purely economic viewpoint, is to sell the property, give your brother one half of the proceeds and move on, before your sibling relationship is destroyed in the process.

 

Hope this helps.

 

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Terms and Conditions: By your continuing in this conversation with me, or by your clicking “Accept”, you are expressly agreeing to all of the following: (1) our communication is for entertainment purposes only; (2) you are not consulting me in my professional capacity as an attorney; (3) you do not seek to establish an attorney-client relationship with me, nor do I with you; (4) you will not rely on anything I say and you will obtain appropriate legal counsel via a traditional/office consultation with an attorney licensed to practice in the jurisdiction where your legal issue arises (and you may not use our communication to avoid taxpayer penalties imposed by the U.S. Dept. of Treasury); (5) by communicating with me in this public forum you are irrevocably waiving any right to privacy, confidentiality and attorney-client privilege concerning the matters discussed. You further separately declare that any payment made by you is not consideration for this contract, nor offered for any services rendered by me on your behalf, but rather is made in genuine admiration and respect for my desire to help others. If you do not agree with these terms and conditions, then you must advise me immediately.

 

 

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Customer reply replied 8 years ago
i will agree to these terms but if this if for entertainment only can i hold your answers credible i already have a lawyer but jointly with my brother so im tring to find out valid info on my part im not going to pay if its not legit advice
Real Estate Lawyer: socrateaser, Lawyer replied 8 years ago

My entertainment is better than most attorneys' legal advice. However, the tems are non-negotiable. To understand why, please read my IMPORTANT legal information link.

 

The choice is yours -- though you already have your answer, whether or not you decide to pay.

 

Peace.

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