Question:
My bfs mom is trying to steal his property?
2013-10-25 23:31:02 UTC
His grampa was the first person to own the property.He bought it and built the houses and owned the 36 acres of land. The last deed said that grampa and my bfs father transferred the title to my bf and his brother and grampa would be custodian over minors. His father was going through a divorce with my bfs mom they were legally separated around the time grampa and my bfs dad transferred the deed. My bfs dad died shortly after they were separated.His mom thinks that it was her house and says her name used to be on it, because she was married to their dad, and is now trying to steal the property from my bf. She started to go crazy about the property once I got pregnant and disowned my child and her son because of it, but she knew that the deed was in her children's names for years and didn't want to do anything about it until now. My bf is an adult now and so is his brother,but grampa is still custodian. I'm just wandering if she did partly own it because she was married to my bfs father how did they transfer the deed without her consent?We talked to the county clerk and she said there is no way she could get the property because it is in their names,but she is using his brother to try and steal it. The brother told me he wants to get the permits for the houses with the grampas money and then put the grampa in a retirement home.I think his mom has something to do with this.His brother is living there now and pretending to be noble by taking care of the grampa but his real reason is to put him in a home.
Eight answers:
?
2013-10-26 06:59:26 UTC
You really need to get a local lawyer to take a look at this. It sounds like there is nothing your grandma can do, but better safe than sorry. Just ask for a consult with lawyer and give them all the details and ask what your grandma can do, if anything, and what you should do to protect yourselves.
Tony RB
2013-10-25 23:59:55 UTC
"His brother is living there now and pretending to be noble by taking care of the grampa but his real reason is to put him in a home."



So your bf needs to go out there frequently to check up on grandpa, because his brother does not want to have to take care of their grandfather. Many men are like this, while women are not, so realize this is not unusual.



"... but grampa is still custodian."



Does that mean grandpa has the right to live on the property until he dies ?

And he has the right to make improvements or other changes to the property - but no right to take out loans or liens on the property ?



Here is my suggestion - go with your bf to the property and make a video of your bf and his grandfather discussing what grandpa wants to do for the next few years. The key is to get grandpa's wishes recorded so if your bf's brother tries to do things against their grandpa's wishes your bf can go to court and get a cease and desist order.



For example, why is there a need for permits for the houses?

Were they built or remodeled without permits and are within a city limits?



Taking care of an elderly person whose health is declining can be an all-day job and it will wear out even young strong adults, and it can also be discouraging to a caretaker.



There is no easy solution to this situation, especially if the brother and mother are scheming to get the grandpa off the property.
loanmasterone
2013-10-26 04:46:39 UTC
If this question is being asked in the United States in order to settle your Boyfriends father's estate, the property is required to go through probate.



Your boyfriend should contact a local probate attorney, who would open up a probate case.



Since your boyfriend's father was not legally divorced from his wife she might, under state laws, be entitled to a portion of the property.



Once probate has been established, the probate judge would make a decision as to who would be legally entitled to the property.



Your probate attorney would look at all the deeds, wills and other document as to the desires of your boyfriends father.



If there are those that would want to challenge the probate,they would have to appear in court and present evidence and documentation as to why they are challenging this probate procedure. It might be that a challenger would be required to have a probate attorney to represent them.



Prior to the probate conclusion the probate judge would issue a document with the names of the new property owners. This document would be taken to the county recorder's office where a new deed would be prepared in the names of the people the judge has named in the document.



I hope this has been of some benefit to you, good luck.



"FIGHT ON"
Slickterp
2013-10-26 05:40:59 UTC
Doens' tmatter if her name used to be on it, it only matters whose name is on it NOW.



If BF is adult, then she can't do anything. BF doesn't need the custodian anymore now that he is of majority.



Her being married to the owner doesn't make her own any part of it.



The brother can't do anything that would take money out of the property without your bf's signature.
Gordon
2013-10-25 23:37:19 UTC
Definitely need to hire a lawyer for this one.
Linda R
2013-10-26 11:22:05 UTC
Discuss this with a lawyer.
2013-10-25 23:42:56 UTC
So - did you have sex with your brother or step-brother and have a baby?



that's all i got out of that.
real estate guy
2013-10-26 08:41:32 UTC
YOU NEED A LAWYER.


This content was originally posted on Y! Answers, a Q&A website that shut down in 2021.
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