I am the youngest of four children. We're all middle-aged. For the past eight years, I've been caring for my elderly parents. Unfortunately, I went into this situation without a clear outline of my duties and financial responsibilities. My parents wished to stay in their home and asked me and my family (husband and 2 kids) to move in with them. My parents had been unable to keep up the maintenance on their house, and though I came over to help out each weekend, the house needed major renovations. So when I moved in, we all decided together to put my name on the deed so I could take out a loan to repair the house.
My father died of cancer a few years ago. I, my mother and my husband cared for him at home. My siblings did not visit or help. They did come for a memorial service, whereupon one sister threw a major tantrum about her "inheritance." She seemed to think that the house would go to her and not my mom. Ever since then, she has been obsessed with the house, alternately begging to move in with us and badmouthing me on Facebook. She portrays me as a freeloader, even though she's the one always borrowing money from our mother. She even has friends drive by the house to report back to her. I know she's going through a hard time, but she's managed to alienate all her siblings, and my mother doesn't want her here. This sister even received a $7K life insurance policy from my father that the rest of us didn't get, but she's already blown through the money.
What I worry about most is that after my mother dies, my mother's part of the house will be split among my other siblings, and I am sure this sister will drag me into court arguing about what she proclaims is an "unfair" split. She has already been involved in many lawsuits with other people. I would like to remove my name from the deed, so that it's not an issue, but I have over $100K invested in the house. I don't see any way out of this tangle other than to sell the house, which would mean moving my mother out of her own home.
After talking with my mother's pastor, I realized that this sister feels that I am the "favorite" child, and that she's been shortchanged (despite doing nothing for our parents). The pastor thinks that removing my name from the deed won't actually solve the problem. Even so, I want the strife over my mother's future estate to end. I don't even care about getting any money - I would be happy with nothing if that would stop my sister from causing me stress. I have repeatedly told her that my mother may need to sell the house anyway if she needs to go into care, but my sister doesn't listen to facts or reason. She's very difficult to communicate with, because she only talks about herself.
There is nothing you will be able to do to get her to stop. If she's that jealous and greedy (or thinks she's entitled) you will not change her behavior. By trying to appease her your enabling her. All of this is from my experience with my sister. My therapist recommend I stop engaging her. We will talk but as soon as she starts with the crap I literally get up and walk away.
Does your mom have dementia? Is she of "sound mind" if so, I would gather all supporting documentation of what you have done with the home and go to a lawyer. If possible get your other siblings support. Explain you would get like your invest back as a "thank you" for taking care of your parents so they didn't. Ask if it can be separate from the "inheritance". Did the100K investment increase the property value? Point that out - you made all of them a little extra.
Be prepared to piss off all of your siblings. Sorry but this is why it is best not to put your kids on your property/accounts before you die. Just leave it all in your estate and let them divide it up when the dust settles.
One reason most lawyers advise not leaving out children from a will or showing favorites is because of the legacy it creates. You leave discord behind and anger. You have to ask yourself is that what you really want to do. It carries on to the next generation and never ends.
My mum has five kids 4 who give a crap none of us 4 own a house my elder sister had 2 houses paid in full has never helped my mum out when things were quite tough here im going way back. Now my mum has left the house to us 4 BUT has put in her will that my sis gets X amount when house is sold? So if we have to use mums house for her care in a NH there may be little left for us BUT my sis may get her share coming out better than us?? Its so hard to discuss this with my mum as she just says i dont really want to leave her anything But im afraid shed commit suicide if I left her nothing? Family coming next week to discuss mums care and if we are to give up our inheritence for mums sake then why should she get anything? I myslelf will have to talk to a lawyer but if mum dosnt change her will now then i dont think we stand a chance. Its not the money its her getting a share when shes done nothing for mum her whole entire life. So hard for parents to see thier kids turn out so selfish and still feel they have to leave them something?
@kazzaa, if I understand your arrangement, your sister only gets a share of the proceeds from the house when your mum dies. So if you have to sell it beforehand for your mum's care, your sister won't get anything (it's the same with my mom's house). I know just how difficult it is to talk with your mum about her estate and her wishes for her end of life care, but I would advise having a family meeting with the lawyer, so it's clear to everyone involved what the arrangements are. I wish I had done that before we moved in to my mother's house.
They lawyer looked at me, and said "they aren't going to be friends with you after this, you understand that, right?" You bet! they're not friends with me now anyhoo, so who cares! LOL At any rate, I think you should follow suit. I found once this was in place, I did not get upset at their shenanigans, because I had ironclad protection. I sleep well now!
I sat down calmly and thought through the insanity that was happening to me. Then, the next time I saw my (crazy) sister, I told her that this is a HUGELY emotional time for everyone. It was my intention to move through the time with kindness. While she may not always understand what I was doing, my intentions are to come through this challenging time treating each other with kindness and respect and that in the long run, it was my hope that as a family we would all be closer together than we were on that day...
I could not speak for her. I did not want to tell her what to do and I did not go into all the monster responsibilities and financial considerations... that was it.
Also, I will be forever thankful to the person on this site who told me to tell my Mom that I loved her every day and hug her when I could.
My only regret now that both my parents have died and my siblings are splitting what ever remains (I am doing ALL the work to make that happen), is that I did NOT look out for myself in the beginning. I did not realize that caregiving would take over my whole life and that an equal distribution in the end is NOT fair.
However, I've made peace with it all. No amount of money would give me my brother and sister (the uncle and aunt for my children). We are not super close, but we are OK today and for that... it does not matter that I was not on top of the finances to ensure that I got what I was due.
I hope all that makes some sense. While I think you MUST protect yourself and your family, perhaps your siblings don't know how to be close to your Mom and they have not had the smarts that you have to live a connected and giving life.
At one point I told my sister to consider visiting my mother at least once a month. She did that for the last two years of Mom's life. She will never credit me for making the suggestion, but I know she would not have done it on her own. She is so much happier today that she got to spend a few weekends with her/our Mom... and when she came, I took the days off to do much needed things for myself and my family.
Try to be kind and respectful in what every you do. Try to help other family members figure out ways that they can become part of the caregiving process, even if it's just a hug or a message of love.
At the end of the day, there is so much richness in families that treat each other with respect and kindness and all I can do is start with me... (and also don't be a door mat).
My best wishes to you in this journey. May you find great contentment and peace in your extended family in the long run...
If you are on the deed and have been for more than two years, you own half the house. Should your Mom need nursing home care and go on Medicaid, they will look at the home for ownership of five years back, but even so, if losing the home makes you homeless, Medicaid Expense Recovery Program known as MERP has little recourse against you. Check the laws for MERP for your state - even though Medicaid is Federal, it's laws vary by state since it's state run program. And an Elder Care Attorney is a must, well worth any fees he/she might charge.
And honey, YOU DO DESERVE the money. Even if you gave the sibling everything she wants it would never be enough. You know this, so why bother trying? Keep the money for yourself as you will need it. You've given up your retirement income for your Mom, so why should you suffer just to appease an ungrateful, unhappy, bitter, jealous, money-grabbing sibling? The simple answer, YOU SHOULDN'T. Care giving breaks a person down, emotionally, mentally and physically and this sibling has robbed you of more than you know by adding to your stress. She's also caused your Mum stress and your Mum doesn't deserve that either, she deserves to be happy in her days. And you've provided that for your Mum, your sister has only contributed grief. DON'T REWARD YOUR SISTER FOR BAD BEHAVIOR - instead, reward yourself for being the person who faced an exorbitant task with love, patience and a clear head.
Why not, when your Mum does pass, buy a smaller home, one that requires far less maintenance and then treat yourself to a cruise or a trip to Europe, or whatever your fantasy vacation is? Don't tell your sibling where you're moving to, Cut all ties with her or she'll hound you over the money. I know I had to just finally tell my brother how little I thought of him and told him not to cal me ever again. And I'm finally happy, why, because I'm not dealing with his drama anymore. Why let her destroy your's and your Mum's happiness? You've earned it, so do it!
The deed is arranged so that my mother's part descends to the "remaindermen," my siblings, and I have life tenancy. I don't like this idea at all, because the remaindermen can inspect their property anytime, bring a lawsuit against me if they don't think I'm maintaining it properly and so on. I would want to sell the house asap, and the work getting rid of 50 years of my parents' stuff will fall on my shoulders. I've finally convinced my mother to part with things without getting so angry, but the decluttering is going very slowly (despite taking a dumpster full of garbage out of the house before we moved in).
@SammyOrb, thank you so much for sharing your arrangement! It sounds like exactly what I need to defend myself.
And thanks to everyone who responded! I had no experience dealing with these issues. All my grandparents passed before I was born, though I did hear about how grandad's new wife stole my uncle's property and the family silver. It just keeps repeating through the generations.
The decluttering will probably speed up as time goes on - you've gotten through the worst part which is getting Mom started. That is huge and congratulations!!
You are headed in the right direction and doing great! I know it takes a toll on you, but there is light at the end of the tunnel. (And, no, that's not a train headed toward you!) Keep us posted, we are in your corner.
You have to see a Lawyer as soon as possible !! Get this " All " done legal and proper so there is no room for conjecture on your sib's part. Unless she has a "shady" Lawyer or Judge to help her cause, you will be,... shall we say,... safe from her nastiness. Good luck and God Bless on your endeavor.
Whatever you and your mother decide to do after considering the attorney's advice, I personally feel it would be a good idea to have a doctor or two include certification that your mom is competent. When greedy folks down the line decide to challenge legal documents, that's one of the areas they go after, and it's something hard to prove one way or the other after the fact.