Inheritance debacle. WWYD?

[Anonymous]

Wait. So a house can be given to someone else and just because you have lived their your whole life, you can just stay?? If that is the case, what's to stop Mary from staying even after the house is sold???

[Anonymous]

I don't think Mary has squatters rights. It sounds like she never paid rent.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Why does everyone here feel so bad for Mary. She needs to grow up and live her life. If Mary were a 50 yr old man living with his mom, you would all be saying to kick him out. From what has been posted, it seems like Mary is perfectly capable of being a functional adult but just chooses not to.

I don't feel bad for Mary so much. It is just that this is just such an unusual scenario. When the facts are so different from the usual, I think it is a good idea to get legal advice, just to be safe. That is what I'd suggest to Mary and Roy.

OP still hasn't really explained how it happened that Thelma made the decision to leave her family home to Larla, a niece/goddaughter, over the children she gave birth to. Her family home which, btw, is worth four times the amount she left for her own children.

This is not at all a typical inheritance situation. i wonder if there are any other nieces and nephews and if they inherited anything. It wouldn't occur to me to leave anything at all to my nieces and nephews with living parents, unless maybe one moved in with me in my old age and was my caretaker.

Larla has not mentioned doing any care taking for her aunt, so I'm interested to know why Thelma left more to her niece than to both her children combined. OP, could you give any more information about your aunt's reasons for leaving you such a large inheritance?

How on earth is OP supposed to know that? Do you think Thelma spelled it out in the will?

If Thelma didn't spell it out in the will, that may be grounds for Thelma's children, Mary and Roy, to challenge the will. Maybe they can allege undue influence of some sort because Thelma didn't explain in the will why she was distributing her assets in such an unusual way.

Who is serving as the executor of the will? Is it Mary and/or Roy, or someone else? If someone else, is it a relative of Thelma?

[Anonymous]

Why is it weird that Thelma left the house to Larla? Many of the pps are suggesting that Mary and Roy are automatically more deserving/entitled to house because they are closer relations. But biology doesn't dictate closeness. Maybe Thelma felt closer to Larla than Mary or Roy. Maybe she felt that Larla was more deserving. Or that she had given more than enough financial help to her children. Thelma did support Mary her entire adult life. Maybe she was equally generous with Roy and contributed in a big way to his being well-off. At the end of the day, it doesn't matter. Thelma, who was of sound mind when the will was written, has the right to leave her house to whoever she wants.

Larla can split the inheritance with her cousins but she has no obligation to do so. In the meantime, she should figure out soon what to do about Mary living in the house. Maybe she can give Mary a generous deadline to move out and then sell the house.

[Anonymous]

It's weird because it is so unusual. The typical will leaves the decedent's assets to the spouse and/or children. When there is no will, the assets are distributed by the state to the closest relatives. So this is an unusual situation.

[Anonymous]

Offer Mary the house at perhaps a little less than fair market value, or via a low interest loan. A young adult living in her parents home is likely to destroy a house like this or it will become a constant upkeep problem for you. She'd be much better off in a condo.

[Anonymous]

Larla, I see all your points. I wonder if Mary would really be able to support herself, though, if she is forced out of the house with the 100k. Maybe she has mental issues, or maybe she is just lazy, but what will she really do exactly? Really, she will likely run out of money after several years and get evicted. That is a lot to have on your conscience, even if she deserves it -- especially since Thelma was her mother.

I kind of like the idea a couple of people had: sell the house (are you prepared for all the upkeep, taxes, etc. anyway), and give Mary some of the money -- hopefully enough that with her 100k she could buy herself at least a 1 BR condo. Maybe give Roy some too.

Keep enough money so that you can go live in the dorm or an apartment near campus, and keep whatever is left after you give enough to Mary so that she can buy a place, and some to Roy as a peace offering. Maybe, depending on where all this is, that would be enough for you even to buy a condo as well. So maybe give her 150k, you keep 200k, and Roy gets 50k. Or maybe split it three ways, if that gives Mary enough for a condo. How well off is Roy really? What about his ability to help his own kids with college?

I think your godmother put you in a very awkward position, and is making you make a lot of hard decisions for someone, however bright, in your early 20s. These would be hard decisions at any age.

[Anonymous]

PP here. Or you could let Mary stay in the house for a while. You should draw up a written agreement if you do that. Then maybe down the line sell it, but I think that is just postponing inevitable problems.

If Mary and Roy choose to sue to contest the will, then you also may end up doing something like I mentioned in the last post anyway. I doubt Mary could afford to sue you, though maybe Roy could.

[Anonymous]

Anonymous wrote:PP here. Or you could let Mary stay in the house for a while. You should draw up a written agreement if you do that. Then maybe down the line sell it, but I think that is just postponing inevitable problems.

If Mary and Roy choose to sue to contest the will, then you also may end up doing something like I mentioned in the last post anyway. I doubt Mary could afford to sue you, though maybe Roy could.

If Mary does have mental health issues, she could possibly get a lawyer to help her pro bono.

[Anonymous]

Mary needs a good attorney. Could be a coercive tactic by Larla to get the house when Mary should be the beneficiary

[Anonymous]

That something is unusual does not give rise to a supportable challenge to a will. And, thank God, my house is my house, and don't don't have to justify or explain to anyone why I leave it to anyone when I die (so long as any mandatory spousal gift, etc. are made.).

[Anonymous]

Anonymous wrote:Mary needs a good attorney. Could be a coercive tactic by Larla to get the house when Mary should be the beneficiary

I agree, and think Mary and Roy together should see an attorney to discuss the issues presented on this situation. Mary and Roy have shared interests as the children of Thelma.

Every elderly parent in my and my spouse's extended families has left their family home to their children to be equally divided (if they still own it at the time of death). There would have to be a really strong reason to do otherwise and family members would ask a lot of questions if that were to happen.

OP, did Thelma have any other siblings besides your parent?

[Anonymous]

OP, don't listen to these people insisting that there has to be some super deep specific REASON why Thelma would leave the house to you and not her kids. Thelma left the house to you because she wanted you to have it and now it's yours. Mary can GTFO, she has her cash and she had a lifetime of support from her mom.

[Anonymous]

Good Lord. Could whoever keeps posting about how "unusual" this situation please stop?

[Anonymous]

Anonymous wrote:OP, don't listen to these people insisting that there has to be some super deep specific REASON why Thelma would leave the house to you and not her kids. Thelma left the house to you because she wanted you to have it and now it's yours. Mary can GTFO, she has her cash and she had a lifetime of support from her mom.

+1
They have no right to challenge the well you are not entitled to your mother's belongings just because you are her child she can leave her dogs for all she cares