What happens if my grandpa doesn't leave my mom the house she half owns?

[Anonymous]

In 1990 my parents and grandparents (mom's parents) went in 50/50 on a lake cabin. My mom has 3 siblings - two live out of state/country and one local sister. Local aunt was a single mom to 3 and they have always been welcome at the cabin though they don't owe or pay anything towards it.

In 2013, my parents divorced and my mom bought my dad's 1/4th of the cabin out. In 2015, my grandparents stopped going and my mom agreed she would take on all of the finances for the house since they're no longer using it.

The plan has always been that my grandparents will leave their half of the house to my mom since she's been paying for and maintaining it for 36 years. My grandma has passed on and my grandpa is now 91yo and starting to get angry "sun downers". He keeps telling my mom that he changed his will and nothing is going to her. My mom retired 3 years ago to care for him and is his sole full time caregiver which makes her the brunt of his angry tirades. Her 3 siblings range from totally disengaged to mildly helpful when specifically asked and delegated.

What happens if he really did change his will? My mom is beside herself as she is planning to live at the cabin once he passes. She doesn't have another home and not much money - she only maxed out at $79k salary in her life. The cabin is not worth much, maybe $300k, but my mom has poured 3.5 decades of money and upkeep into that place lovingly for everyone to enjoy and to keep it maintained for her retirement. Would she have to buy her 3 siblings out? Would it be possible for her siblings to say no just give it to her?

Really, really not looking forward to this if it turns into a massive family drama.

[Anonymous]

You should talk to a lawyer, but your mom could probably challenge a new will disinheriting her if it was done in the last few years after his mental deterioration began. Does your mom have a copy of a prior will that left the house to her? How recent was it?

Your mom should consult an attorney and also document everything she can. Collect everything related to the purchase of the house, as well as when your mom bought out your dad after the divorce, including letters or emails that may indicate longterm plans for the house. Your mom should also collect all information about your grandfather's medical care, including especially anything documenting his mental state and decline, medications he has been on that could be impacting his behavior and state of mind, etc.

She should tread carefully with the siblings but to answer your question -- yes, the siblings could agree to just let your mom inherit the house without forcing her to buy them out. The easiest way would be if everyone petitioned to have the estate observe the earlier will leaving it to your mom. If the siblings just agree the earlier will should prevail, a court is very likely to just permit that, especially if the more recent will was created after your grandfather's mental decline began.

It's also possible he has not actually drafted a new will, and is just talking. If there is any way to find out if he has a new will, I'd start there. Your mom's worry may be for nothing if it turns out he hans't changed the will since your grandmother died.

[Anonymous]

Partition

[Anonymous]

It will be ugly if in fact your grandpa left his share to your mom's other siblings...or an unrelated 3rd party.

If within the family, your mom would have to buy out the other siblings or sell the entire cabin in order to pay them out. Best case, your siblings appreciate all your mom has done and perhaps are willing to cede their share at a significant discount to the market value.

This is why you can't rely on family to do the right thing...you need to get it in writing. The way others handle a house like this, is you put the house into an LLC which clearly articulates how expenses will be paid on the property and how transfer will work upon the death of any of the LLC Members and it can't be changed by just one of the parties unilaterally (like your grandpa's will).

To answer your specific question above...yes, it's possible for the 3 siblings to simply convey their interest in the cabin to your mom for $0 compensation. Something tells me at least one won't be willing to do this.

[Anonymous]

If she is his sole caregiver can she ask for this for compensation?

[Anonymous]

I think you need to prepare for it to get ugly. It sounds like he’s already said that his hair isn’t going to her.

I would stop fighting reality and come up with a plan to buy them out. She should also talk to an estate or housing lawyer. She may get a stepped up basis against current market for improvements, not repairs.

Then, if the worst happens, you’ll be prepared.

[Anonymous]

Hair = share, obvs

[Anonymous]

She may also get credit for her share of mortgage payment ms if she took over his portion. Just see a lawyer.

[Anonymous]

Is your mother related to your grandfather and these aunts and uncles or was your father? I just want to be clear if there is a familial relationship. If these are her siblings, she needs to discuss with them what happens to his share of the house after he dies, and get it in writing if possible. They may be on board with her inheriting the house and be willing to sign something to this effect or help convince dad to change his will.

In the meantime, help her get her ducks in a row (receipts, etc.) for EVERY improvement she has ever made to the house as well as mortgage, tax payments, etc. And she needs to start detaching from it emotionally. It may very well need to be sold (or she may need to buy them out).

I will play devil's advocate. Why shouldn't her siblings be entitled to their father's share of the house?

[Anonymous]

Gather all the payment records you can forcas far back as you can.
The house is and will be half hers no matter what. She ought to be able to live in half of it. Get a lawyer now. Don't talk to siblings.

[Anonymous]

Grandpa is 91 and she is the caretaker. Can she locate the will in the house?

[Anonymous]

my mom bought my dad's 1/4th ...

So, she is legally a 1/4th owner. All that matters is legal

[Anonymous]

I thought you were my kid writing this with very minor changes. The answer is that your mom owns half the asset and whatever portion (if any) her dad leaves her, unless the house was titled with a right of survivorship to your mom when they originally bought it.

My cabin is similar- 50/50 with my parents, bought out my ex-husband at divorce. My dad died and my mom now owns his half. Once she dies I’ll own 3/4 of the cabin- my original 1/2 and 1/2 of my mom’s half (so 1/4). I’ll either have to buy my brother out of his 1/4 with cash or negotiate a trade with other assets I’ll be inheriting.

Your mom should have had her parents pay 1/2 of all expenses for the cabin when she could- because they still own half.

[Anonymous]

Decent siblings will honor the deal that was in place and that your mother took to heart.

But yes, document everything. Chances are, the Grandpa has not actually changed the will.

[Anonymous]

Anonymous wrote:

my mom bought my dad's 1/4th ...

So, she is legally a 1/4th owner. All that matters is legal

She is 1/2. Presumably she bought out her husband's 1/4 and retained her own 1/4.