Chris Butchart
New Member
- Jurisdiction
- New York
My brother lives in Buffalo New York. He inherited my parents estate. The Estate was composed of two houses a car and approximately $100,000 in cash. He then took out a home equity loan of $50,000 on the house which had no mortgage. The total estate was about $400,000. He therefore has a remaining worth of a hour valued at approximately $230,000 minus the $50,000 home equity loan and minus closing fees of 15% for a balance of $153,000 in a declining real estate market.
I was told his wife has no right to the house because it was inherited. She has occupied the house, changed the locks and removed all of the inherited assets including my deceased parents personal items.
The attorney filed a motion after to evict her and file a default divorce. Now, about 2 months later he said that she has hired and attorney and her has to file for a Judicial intervention. Her attorney ahs taken the stance that they will continue to litigate until the judge makes an order
She hired an attorney on a $1,000 retainer with the notice that she will pay out of her divorce proceeds.
My questions are:
1.At this point he has to wait 45 days for the judge and at that time the only thing that is going to happen is that he is going to awarded the house after another 45 days of equity loss due tot the housing market. Why would we spend another 45 days of attorney fees if the endpoint is already known?
2. Why would an attorney take her case on for her knowing everything is inherited?
3. If my information is not correct can she be awarded attorney fees even though the only assets are inherited.
4. Why am I paying for an attorney at this point since I was already told that they are not going to mediation or settle and are going to the judge?
5. Should I dismiss the attorney at this point since attorney fees are going to accrue for 45 days and or have him apply for a public defender because what is the point of having an attorney since it appears that the end point is the same no matter what?
I was told his wife has no right to the house because it was inherited. She has occupied the house, changed the locks and removed all of the inherited assets including my deceased parents personal items.
The attorney filed a motion after to evict her and file a default divorce. Now, about 2 months later he said that she has hired and attorney and her has to file for a Judicial intervention. Her attorney ahs taken the stance that they will continue to litigate until the judge makes an order
She hired an attorney on a $1,000 retainer with the notice that she will pay out of her divorce proceeds.
My questions are:
1.At this point he has to wait 45 days for the judge and at that time the only thing that is going to happen is that he is going to awarded the house after another 45 days of equity loss due tot the housing market. Why would we spend another 45 days of attorney fees if the endpoint is already known?
2. Why would an attorney take her case on for her knowing everything is inherited?
3. If my information is not correct can she be awarded attorney fees even though the only assets are inherited.
4. Why am I paying for an attorney at this point since I was already told that they are not going to mediation or settle and are going to the judge?
5. Should I dismiss the attorney at this point since attorney fees are going to accrue for 45 days and or have him apply for a public defender because what is the point of having an attorney since it appears that the end point is the same no matter what?