taxes, wills, property, etc

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zbm87

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Not sure where to even begin with this. I'm 25 years old and i live with my dad. i'm working and trying to get out on my own. My parents were married 30+ years and a few years ago my mom passed away. After that, my dad changed. He used to be this caring christian man who was really generous, now it's all about money with him. If i don't give him what he wants when he wants it, he threatens to kick me out. He started dating this one woman who is using him really bad and they recently took my debit card and tried to cash a fraudulent check (but that's a separate issue). What i'm really trying to find out is about my grandmother's will and her property. Ever since i was a little girl my grandma told me that she wanted me to have her house. Well around 1995 she was diagnosed with early onset dementia, so my mom talked to her and they decided it was best to go ahead and set up a will while she was still able to. Well at the time i was like 9 years old, and i remember my mom sitting me down at the time they were talking about the will and telling me that they were going to leave it to my mom but that it would still be my house one day, they just didn't want to list me because i was so young and if something happened to my grandmother i would have all of that in my name. i was just too young i guess? well in march of this year my grandmother passed away. my mom had power of attorney over her, and then after my mom the power of attorney went to my dad, and my dad (being crazy now) mismanaged my grandmothers property and money and everything. he's sold stuff out of her house, so there's basically nothing there anymore, and he's still broke. he's even filed for bankruptcy. My dad hasn't filed her will with probate yet, and he hasn't payed the property taxes in 2 years. basically i'm trying to figure out if there is any way for me to get her house put in my name. maybe some loophole in the will or something? i don't want my dad to lose her house, i love my grandmothers place, it's nothing special, but i love it and she wanted me to have it. she trusted my mom and dad to sign it over to me when i was ready to move out. well now that my mom is gone, my dad says that he never heard my grandmother say any of that, which is total crap. no one would have expected my dad to end up like this. he's so different from the person he used to be. i'm just really worried about what will happen to her property. so i have some questions. if he doesn't put the will in probate, what will happen? if he doesn't pay the taxes, i know he will lose the house, but what if i pay the taxes? will that give me any rights? i can't afford to just buy the house or i would do it that way. i'll copy and paste part of my grandma's will, i'm going to change the names for privacy reasons. if anyone has any advice i would really appreciate it. sorry if all of this was jumbled up, there's just so many details it's hard to keep them all straight.

I, GRANDMA, a resident of and domiciled in the county of richland state of south carolina, being of sound and disposing mind and memory and desiring to make such disposition of my worldly estate as i deem best, do hereby make, publish and declare this to be my last will and testament, hereby revoking all wills and codicils at any time heretofore made by me.
ITEM I
i direct that all my just debts and funeral expenses be paid out of my estate as soon after my decease as conveniently may be and to that end charge my whole estate, real and personal, with the same.
ITEM II
it is my intention to execute a list bequeathing certain items of personal property and to attach said list to this will to be considered as a part of this will. all items of personal property not specifically bequeathed shall become a part of my residuary estate to be administered hereunder.
ITEM III
i give, devise and bequeath unto MOM, my entire estate, real personal and mixed of whatever kind, wherever situate and whenever acquired to have and to hold unto her and her heirs and assigns forever.
ITEM IV
however, should MOM predecease me then in that event and in that event only, i give devise and bequeath unto DAD my entire estate, real personal and mixed of whatever nature, wherever situate and whenever acquired to have and to hold unto him and his heirs and assigns forever.
 
I AM SORRY TO HEAR YOUR MOM PASSED AWAY.

But, that's the only good words I can offer.
When mom passed, so did granny's property.
Dad owns everything.
If granny wanted YOU to have it, she and mom messed up.
There were ways you could have had it, but it can't happen now.

Dad owns it all.
The ONLY way you will ever get it, is if dad dies before marrying his new bimbo.

Sorry, I suggest you continue working hard, and try to get your own place and lead a good life.
I'm sure your mom and granny would be very proud of you.

I wish you the best, and I'm sorry I had to tell you this, but you wouldn't want me to deceive you, right?
So, I gave you the legal analysis that correctly describes your position.
 
I AM SORRY TO HEAR YOUR MOM PASSED AWAY.

We lost one of our sons in July, and my son-in-law two years ago.

I can only say, grieve in your own way and time.

Again, please accept my sincerest condolences upon your loss.

But, that's the only good words I can offer.
When mom passed, so did granny's property.
Dad owns everything.
If granny wanted YOU to have it, she and mom messed up.
There were ways you could have had it, but it can't happen now.

Dad owns it all.
The ONLY way you will ever get it, is if dad dies before marrying his new bimbo.

Sorry, I suggest you continue working hard, and try to get your own place and lead a good life.
I'm sure your mom and granny would be very proud of you.

I wish you the best, and I'm sorry I had to tell you this, but you wouldn't want me to deceive you, right?
So, I gave you the legal analysis that correctly describes your position.
 
well, i know my dad will let me rent the house from him. and whenever my dad dies the house will go to me (if he doesn't marry the girlfriend). i have no problem renting (or renting to own) but i want to make sure i protect myself. i don't want to move in up there and one day have him decide he wants to sell it to someone. so is there some kind of contract we can have saying i'll rent it from him and he won't sell it, and that one day it will be mine and that his girlfriend will have no claims to it (if they get married)? i just wish my mom and grandma had named me in the will, but like i said, no one would've ever thought it would come down to this. also, my dad was being investigated for mismanaging my grandmothers money and stuff during the last year or so of her life, would that change anything with the situation? also, when my mother died, he put her stuff in probate, she had no will. so my dad got all of her stuff, including a small farm and garden type of store. well later on he decided to sell it. well he needed my signature to do so, which i didn't know about, and he forged my name on the documents. then when we were at the lawyers office finalizing everything i noticed it and said hey that's not my signature. but at the time there wasn't much i could do about it, i didn't have a job then and it was either sign the papers or get out. and obviously no one wants to live on the streets so i signed the papers and did manage to get a couple thousand from it. is there anyway to use that? i doubt it since i did end up signing, just thought i would ask. he's just blowing through money left and right, right before my mom died she ended up getting approved for disability and got a check for like 15k and he blew through that probably within the first 6 months. he's bought a car, 2 huge tv's, he paid for another girlfriends uncle's funeral (but complained all the time about how much it cost to bury my mom). and then when he sold the store he got like 25k and all of that is gone now as well, and all of this within the last 2-3 years. and he has absolutely nothing to show for it. i seriously think he's lost his mind. most people that he talks to don't see it, but if they were in my position they would realize how crazy all of this has become. he's very good at appearing to be competent and "normal" but people don't see the whole picture. honestly my grandmothers house is my only option for living somewhere. her house is paid off, and i know i can't afford to rent an apartment. i desperately want to be independent and get away from my dad, i just don't know what to do. i've got to find a way to get into her house, and be legally protected from anything crazy he might try and do.
 
Sadly, people often change. Some get worse, some get better.

No, the property is dad's. If granny wanted it to pass to you, there were many ways to accomplish that.

The way she chose won't do legally what her words expressed emotionally.

Yes, he can rent you the home. Heck he can give you the home, too. But, you can't rent the home with the provision that he'll gift it to you upon his passing.

Why not ask him to sell it to you, or give it to you?
Tell him how much it would mean to you to preserve granny's memory and mom's memory. Even the worst among us are moved by heartfelt emotion and love. Try to reach him, go the extra mile, make the first step. The law can't help you, but you can help yourself.




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