Inheritance
OK.....Long story short. In 1985 my paternal grandparent signed their house over to my father to avoid losing it in the case they became disabled in their old age. My parents divorced in 1995, and, as part of the divorce agreement, my mother agreed to let my grandparents stay there and, when they died, it would be sold and split. In 2000, my grandparents asked for the house back. My father signed it over to them. In turn, they signed it over to my brother and cousin. My grandfather died, and my grandmother moved in to a assisted living facility. My cousin said he wanted the house, and would pay my brother half. He moved in to the house in 2002 and has been there since. When my grandmother died, Christmas 2004, my mother learned what had happened and took my father to court. Do my brother and cousin legally own this house? My cousin has been living there expense free for 3 years and claims he can't get a mortgage to pay my brother because there is a ''cloud over the property.'' Is there? I say this is done, and all my mother can do is sue my father for what he cheated her out of. I am so mad my brother is getting cheated, and think my cousin is lying. HELP!!!!!
Re: Inheritance
If your father and your mother SIGNED a document stating that the house was hers and would be sold on your grandparents' deaths, then you mother has a case. Your father could not legally sell or give away what he no longer owned.
A "cloud on the title" means that there is some legal issue which does not give the person applying for the mortgage good enough title for a lender to risk its money on a mortgage. Therefore, your cousin may not be lying about at least one thing -- he tried to get a mortgage and was told that he might not be the owner.
I'm afraid your mother's only choice is to take her separation agreement and copies of the deeds (which are available at the Registry of Deeds) and see a good real estate lititgator about title issues and getting your father and/or cousin to pay up.
Re: Inheritance
If your father and your mother SIGNED a document stating that the house was hers and would be sold on your grandparents' deaths, then you mother has a case. Your father could not legally sell or give away what he no longer owned.
A "cloud on the title" means that there is some legal issue which does not give the person applying for the mortgage good enough title for a lender to risk its money on a mortgage. Therefore, your cousin may not be lying about at least one thing -- he tried to get a mortgage and was told that he might not be the owner.
I'm afraid your mother's only choice is to take her separation agreement and copies of the deeds (which are available at the Registry of Deeds) and see a good real estate lititgator about title issues and getting your father and/or cousin to pay up.
