family trust deed change

[jones521]

Jurisdiction

Pennsylvania

Our parents passed – dad in 2000 and mom in 2012. We three kids inherited the family home in Pennsylvania. The deed of the family home now has the names of all three kids. I am one of the three. We are in our 60's and 70's. After mother passed in 2012 my eldest sister transferred her 1/3 share of the homestead to her "family trust" for $1.00 on a quick deed a few months after moms passing. This "family trust" obviously includes her husband (brother-in-law) and two sons. Our eldest sister was also the executor of moms will, but not dad's will in 2000 or moms will before dad passed. An investment went bad and dad and mom would not put our eldest sister in their will prior 2000 because of a bad real estate investment purchase in the late 80's. When dad passed mom changed the will to include the elder sister (pressured influence) in the will and was then appointed executor of moms will. To date all three of us share the expenses of the taxes etc. on the house. Now my eldest sisters husband (brother-in-law) wants repairs done on the house, all of a sudden, in a pressuring kind of way. So, my question to you >> is our eldest sisters family trust (on the deed) one entity or an entity of four. Assuming a $5,000 expense of repairs are at hand are the expenses divided by three (myself, my youngest sister and my eldest sister's 'family trust'). Or, are expenses divided by six, as their 'family trust' includes all four family members as beneficiaries. I believe my sisters husband (brother-in-law) is the trustee. I have lived in the homestead due to my mom not being able to live by herself since October 2006, as a caregiver. All repairs were done by me from 2006 to (2012 when mom passed). Mom paid for the materials an I did the repairs / improvements. I still live here at the house and work from home. Bottom line - are the repairs, taxes, expenses divided by three or six (trust has four members). Also, what was the motive of my eldest sister going to their family trust oppose to just letting her name, as is, on the deed? She is heavily influenced by her husband. They own 3 properties that are in total valued at $900,000. The homestead is valued about $89.000. My youngest sister has no family. I have a daughter and grandson who lives in another country. Is it a constant battle of four against one (me)? Our youngest sister favors her eldest sister (sibling loyalty). Thanks in advance.

 

[army judge]

my question to you >> is our eldest sisters family trust (on the deed) one entity or an entity of four. Assuming a $5,000 expense of repairs are at hand are the expenses divided by three (myself, my youngest sister and my eldest sister's 'family trust'). Or, are expenses divided by six, as their 'family trust' includes all four family members as beneficiaries. I believe my sisters husband (brother-in-law) is the trustee. I have lived in the homestead due to my mom not being able to live by herself since October 2006, as a caregiver. All repairs were done by me from 2006 to (2012 when mom passed). Mom paid for the materials an I did the repairs / improvements. I still live here at the house and work from home. Bottom line - are the repairs, taxes, expenses divided by three or six (trust has four members). Also, what was the motive of my eldest sister going to their family trust oppose to just letting her name, as is, on the deed? She is heavily influenced by her husband. They own 3 properties that are in total valued at $900,000. The homestead is valued about $89.000. My youngest sister has no family. I have a daughter and grandson who lives in another country. Is it a constant battle of four against one (me)? Our youngest sister favors her eldest sister (sibling loyalty). Thanks in advance.

You're going to create a divide in your family over a lousy ninety grand, if you could sell the house for that much.

The law doesn't care how you divide your expenses.

There is no way the law can compel anyone on the deed to pay what another owner assesses.

The way the law deals with these disputes is a forced sale by the court, as in "partition".

That would be financially stupid to allow, because the court will appoint a lawyer to oversee the sale, and the lawyer will take a cut of the profits for that "service".

If the four or five of you aren't getting along, imagine what it will become when other owners die and their share is inherited by their children.

Be smart, be proactive, have a conversation about selling the property, and dividing up any profits.

I'm not sure about the legality of using the quitclaim process to transfer ownership of real property to a "family trust", either.

Again, you're all better off selling the property, if twenty large is that important to you.

I waived my share of my parents' home in 2000.

No amount of money was worth dealing with the drama and bickering that seem to follow some of my siblings like ants at a picnic.

I could see what was brewing and didn't want to be anywhere near it.

My siblings are still bickering over who owes what to whom, 17 years later.

Good luck to you, mate.

 

[jones521]

You're going to create a divide in your family over a lousy ninety grand, if you could sell the house for that much.

The law doesn't care how you divide your expenses.

There is no way the law can compel anyone on the deed to pay what another owner assesses.

The way the law deals with these disputes is a forced sale by the court, as in "partition".

That would be financially stupid to allow, because the court will appoint a lawyer to oversee the sale, and the lawyer will take a cut of the profits for that "service".

If the four or five of you aren't getting along, imagine what it will become when other owners die and their share is inherited by their children.

Be smart, be proactive, have a conversation about selling the property, and dividing up any profits.

I'm not sure about the legality of using the quitclaim process to transfer ownership of real property to a "family trust", either.

Again, you're all better off selling the property, if twenty large is that important to you.

I waived my share of my parents' home in 2000.

No amount of money was worth dealing with the drama and bickering that seem to follow some of my siblings like ants at a picnic.

I could see what was brewing and didn't want to be anywhere near it.

My siblings are still bickering over who owes what to whom, 17 years later.

Good luck to you, mate.

Thank you for the response. It is appreciated. Cheers!