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My parent's gifted me their house 7 year's ago! My died 18 month's ago my mother last month! My brothers think it's unfair that my parent's gifted their house to me only! Can they challenge me for a share of the house, they wont let this go
Sinead, there are a few more issues that need clarification:
1. Did you or your parents record the deed after it was executed, and was it a Quit Claim Deed or Warranty Deed? Was the property subject to any liens? To a mortgage? If there was a mortgage, did you make payments on it, and pay the property taxes and HO insurance as well?
2. Did either or both of your parents have Wills, and if so, was the house identified as an asset? If so, what was the distribution, and who was named as heirs?
3. Were you in fact your parents' caregiver? If so, as CWillie writes, do you have documentation of what you did and spent for them? It's probably a bit late to recreate those records if you don't already have them but you might have to try.
There is an assumption in some of the answers that you were their caregiver but I didn't read any support of that from you.
4. What other grounds would your brothers have for challenging this bequest? You're going to have to spend some time on this if you really want to put the issue in perspective. You need to realistically and rationally determine what their motives and goals are, and whether or not anything has occurred over this period to justify their position that they're entitled to a portion of the house.
You need to frankly assess what grounds they might have in the event that they do sue. And thus far that information hasn't been provided.
As Jeanne notes, there are several years between the time of the bequest and now, and there's a lot that could have happened about which we know nothing. Those intervening years might shield events that could give them grounds, or not. We have no way of knowing that.
Your profile states only that you're caring for your mother, who you've indicated is deceased.
They were fit and well when they gifted their house to me seven years ago. There was health complication with both of my parents only in the last 2 years of their passing, I cared for both of them right through to the end.
Sinead, if your parents were fit and well, then no one was doing full-time caregiving, is that right? If yes, I can understand the siblings being upset.
Thanks you all for your kind advice, yes my parents did transfer and title their home to my Name. They were both fit and well when they gifted their house to me
Get a lawyer. If you didn't transfer title to your name 7 years ago, and there is a will that says any remaining assets are to be split, a lawsuit could be trouble. The money will be well spent. and yes, people do feel that they are "entitled" to a parent's assets, even if they provided no care.
Can they challenge you? Yes...because in the U.S. you can sue anyone for anything...my friend a defense attorney used to say you could sue a ham sandwich in the U.S. courts if you wanted to.
I highly doubt they would fine a good lawyer to take this case...and they would never win.
You've owned the house for seven years? Was the title transferred to you at that time? Were your parents competent to make decisions at that time?
It may have been perfectly justified that your parents gave the house to you, or it may have been extremely unfair. Either way, it was their house and they were entitled to do with it as they saw fit. There is no law requiring parents to be "fair," which is a good thing, since not all children would agree on what is fair!
Can they challenge you? As cwillie says, they may be able to find a lawyer. I think it highly unlikely they'd win, though.
It sounds as though they were unaware of this transfer until mom died and are looking for their share of the estate? I assume you were their full time caregiver? You might want to write up a cost analysis of all the money you saved your parents over the years by being their caregiver, but I doubt they will see reason when they are concerned with $$. It seems that people can find a lawyer who will sue for almost anything if they are determined enough. Make sure your legal ducks are in a row and if it comes to that, make sure they have to pay all court costs when they lose. Sorry your family is like that :(
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
1. Did you or your parents record the deed after it was executed, and was it a Quit Claim Deed or Warranty Deed? Was the property subject to any liens? To a mortgage? If there was a mortgage, did you make payments on it, and pay the property taxes and HO insurance as well?
2. Did either or both of your parents have Wills, and if so, was the house identified as an asset? If so, what was the distribution, and who was named as heirs?
3. Were you in fact your parents' caregiver? If so, as CWillie writes, do you have documentation of what you did and spent for them? It's probably a bit late to recreate those records if you don't already have them but you might have to try.
There is an assumption in some of the answers that you were their caregiver but I didn't read any support of that from you.
4. What other grounds would your brothers have for challenging this bequest? You're going to have to spend some time on this if you really want to put the issue in perspective. You need to realistically and rationally determine what their motives and goals are, and whether or not anything has occurred over this period to justify their position that they're entitled to a portion of the house.
You need to frankly assess what grounds they might have in the event that they do sue. And thus far that information hasn't been provided.
As Jeanne notes, there are several years between the time of the bequest and now, and there's a lot that could have happened about which we know nothing. Those intervening years might shield events that could give them grounds, or not. We have no way of knowing that.
Your profile states only that you're caring for your mother, who you've indicated is deceased.
I highly doubt they would fine a good lawyer to take this case...and they would never win.
Angel
It may have been perfectly justified that your parents gave the house to you, or it may have been extremely unfair. Either way, it was their house and they were entitled to do with it as they saw fit. There is no law requiring parents to be "fair," which is a good thing, since not all children would agree on what is fair!
Can they challenge you? As cwillie says, they may be able to find a lawyer. I think it highly unlikely they'd win, though.