Adverse possession exists as a concept solely to provide law school professors with exam questions |
|
OP, you seem more concerned with the house and the $$ than your dad's wellbeing, and his personal desires as someone who is of sound mind.
What does your dad want with the house? That's all that matters, really, not what you want, not what your sister wants. |
| OP isn't actually interested in any comments besides the ones that feed her anxiety about and dislike of her sister and BIL. |
This. It’s not OP’s house. |
Nope. It’s a very real issue, but is complicated to execute. We went through this issue with our property and learned about other cases in our area. |
Neither is the other sister. |
True. Not sure that needed to be said. Let's just stipulate that nobody is entitled to Dad's money. So much speculation about what nefarious things sister may do, and what OP should do to prevent it. Why is the obvious answer not to just have a conversation with dad? I don't understand why that is not the clear first step. |
True, but 'less successful' sister is allowed to visit her father and assist with repairs and upgrades to the property with his approval. For all anyone knows, the father may be leaving his entire estate to the cat hospital. |
Just ask her. If the longstanding practice has been to let each other know about visits ask her why she has stopped letting you and your other sibling know. |
So, you'd rather sell a house that's been in your family for GENERATIONS than go with your sister's plan? That is the only way she can keep it (and you are blaming her for it because her job isn't as lucrative). By the time you and OP sell the damn houses, you will be out considerable money for fees and taxes and will have ruined family relationships. Is it really worth it? Maybe your parents and OP's dad see otherwise? It seems more prudent to draw up an agreement to keep the house and pass down to children, or to think of it as a long term asset that you can sell after x years, agreed on by all parties, to gain additional growth. |
Not Op, but yeah, I would. There is no equatable way to share a joint house across three siblings and their children. There is no joint legal agreement that can share an asset across an entire family. One family always ends up “hogging” it in my experience. And it’s usually the family with the least income and the most free time. After living through this nightmare with my husband’s family, I am saying goodbye to the romantic notion of a third or fourth generation vacation home. It only works if it’s a compound and all the families of every subsequent generation are financially equal. |
|
OP you have no right to this house. It is entirely possible your dad will just leave it to your sister since she is the one who would seem to benefit the most from getting it, he may have getting the house count against her share of other assets. You really have no idea and have no right to the house so I would just try to be zen and enjoy your own house
My aunt and uncle had a house in Maine. They have five kids but only two used the house regularly. Those two were given the house and they paid to renovate and maintain it. The others stay there occasionally. Everyone is fine with this because the other siblings did not get bent out of shape about something they did not use regularly. |
|
This entire thread makes me sad. The obvious dislike of the sister and assumption she is doing something wrong. The focus on future inheritance and what will happen to the family beach house once the dad dies. The judging of the sister for being less successful.
This seems like an extremely unhappy family or maybe it’s just OP. |
No - I’d plan to keep the house and use it as a second home regularly (it’s a second home place). I could buy my sisters out of her share if she can’t afford it and she could get her own second home or rental or time share or whatever that she can afford. Her plans shouldn’t count on me just gifting her millions of dollars so that she can live there full time. Why does she get to count on it being hers when she can’t afford it because she prioritized a job where she always gets off at 3pm whereas I can’t count on it being mine when I could actually fairly pay for it? I’m happy to share fairly, happy to buy her out, but not planning on just giving her a multimillion dollar asset. That would be giving my money to her kids instead of my own kids which makes no sense |
Complicated and not at all common to successfully obtain property by adverse possession. |