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I'm in shock as my hobby is being taken from me!

Discussion in 'The Hokey Ass Message Board' started by Max Gearhead, Jul 27, 2012.

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  1. I'm in a state of total shock right now and I'm pretty much powerless to do anything about it. As some of you know I'm visually handicapped and was my 83 year old father's sole caregiver for five VERY long years that pretty much sucked the life right out of me. After he passed away 2 1/2years ago I was told that I could continue to live at his place, that I was now a 20% owner of, for as long as I could afford to pay the property taxes. My kid brother initiated this and all was well until recently. My kid brother passed away in April and now my other siblings want the property sold ASAP and me to get out in a matter of weeks!!!!:eek: I am now faced with moving and/or liquidating my lifelong collection of gearhead stuff including the 34 Ford pickup project I recently started! I've got two garages full of parts and a basement filled with a collection of car magazines and books nearing the 100,000 mark.

    With virtually no money or storage what can I do? Doesn't look like there is any legal ways to stop this but I'll keep trying! I feel so helpless! Just goes to show you what can happen in the blink of an eye. I sure hope that none of you ever have to endure an experience like this as it's no fun not being able to eat or sleep. Be prepared and don't take anything for granted.

    If anyone has any suggestions please PM me.
    Last edited: Jul 27, 2012
  2. Well I got plenty of storage but how would we ever get your stuff down to North missouri.

    I know that money is a problem it always is for me, but if you could find the right attorney you could play the disabled card and probably keep everyone tied up indefinately. Blind always plays well before a magistrate.

    Anyway I have a high high ceilinged 30x40 on my place up north and I am sure that we could get everything stacked in there if we could figure out how to get it there.
  3. This may seem crass, but in your interest ,you have to do what you can do FOR YOU.....
    I would get a lawyer and work up a bill for the- live in care- provided by you for your father for those years.
    payment of this bill would then be divided up between the remaining living siblings which should give you a leg up to owning more than their share of the property you are living at.....
    [SOME CONTROL FACTOR] really have to protect yourself before they can take advantage of you.
    kidcampbell71 likes this.
  4. Do you have any paper work of the agreement with the rest of your family? HRP

  5. jfg455
    Joined: Apr 22, 2011
    Posts: 171

    from NH

    you own 20%. They cannot force you to sell your share. They can sell their share but then the new owner only owns 80% of the property. No one in their right mind would buy the rest if you are still there. Get a lawyer. hope it works out.
  6. gasheat
    Joined: Nov 7, 2005
    Posts: 714

    from Dallas

    You may have what is called a "life estate" because of the brothers' promise. You may be the "life tennant". That is you may have the right to stay there as long as you live and then it will be sold and then divided. A lawyer can argue your case depending on the laws of your state. If not, get ready for the next chapter in your life.
  7. You really should talk to a lawyer about this, not a bunch of car guys. If you had a question on suspension, you wouldn't ask a lawyer, would you?
  8. Meeting with a lawyer on Monday but it isn't looking good right now.
  9. F&J
    Joined: Apr 5, 2007
    Posts: 13,223


    Got friends? Either one who has land to park a storage trailer, or sea-container? or trade some bits to a friend for storage, or sell enough to buy a container if you have a friend to store it.
  10. This is what I was thinking, but I couldn't remember the property terminology.

    Life estates and life tenants are held pretty highly when used effectively. I would be looking into your legal rights.
  11. Sorry to hear that. Death brings out the ugly in families. I've been there. Good luck.
  12. Plus...You already live there, and have been paying the taxes. Get a good lawyer.
    How much is the property selling for?
  13. sorry to here that, sounds dirty but my aunt took over my grandmas house when she moved away and the other realitives try to force her out to sell it. and the end she ended up getting $10,000 to kick rocks. in cali i hear alot of people who are renting a house that gets forclosed on and they end up getting paid to leave.
  14. No idea how much the price is but they don't care just as long as it's sold. They all have $$$$ but I don't. They said I could buy it from them but they also know that I'm so poor that I'm barely able to pay attention.:(
  15. shadams
    Joined: Mar 16, 2011
    Posts: 1,491


    Agreed, what a bunch of greedy bastages....

    Wow, you know, I knew you were a good guy, always helping out around here, but this is really great. Good for you...

    I honestly cant see how they can force you out of a place you own 20% of. I know that the laws differ from state to state but it seems like there would have to be a unanimous decision to sell in that type of scenario. Hopefully it works out for you...
  16. Mudslinger
    Joined: Aug 3, 2005
    Posts: 1,964


    Friend of mine had his parents die and he lived in the house. 4 of the five kids said he could stay there and pay the taxes.
    After a few years one of the kids died and one of the 4 remaining kids told him he wanted his cash for his 5th of the house. He had the bank assess the property and gave him a loan paying off everybody and using the property for the collateral. If you cant make a monthly payment it wont matter to you but its an option.
  17. alchemy
    Joined: Sep 27, 2002
    Posts: 16,742


    If the first lawyer can't help you, find a lawyer with more property and/or estate experience. There's usually a way out of things like this. You just need to find a lawyer who knows the way. Good luck.
  18. Dreamweaver
    Joined: Feb 26, 2003
    Posts: 1,017


    If you truely own 20% I don't see how they can force you to sell and under some circumstances a verbal contract (you stay in the house) is as good as a written one.

    I'm not a lawyer but I stay in a Holiday Inn last night.

    Lawyer up, if first lawyer can't help get a second one, your visual imparment may help via the ADA, Americans with disabilities Act.

    Talk to all your sibilings, see if they are willing to let it all get tied up in court.

    Greedy bastards...
  19. First off, they need to buy you out !!!
    Your 20% is for sale to the highest bidder. your 20% is put up for 2.7654321 million dollars but you will entertain offers.
  20. Mudslinger
    Joined: Aug 3, 2005
    Posts: 1,964


    One powerful thing you got going for you is you live there and pay the taxes.
  21. WHo got the share of your kid brothers after his death? Did it go to the remaining heirs or his heirs?
  22. The37Kid
    Joined: Apr 30, 2004
    Posts: 27,960


    I wish you the very best, family and money issues suck. Bob
  23. His wife and 3 kids.
  24. DirtyJoe
    Joined: Dec 1, 2011
    Posts: 268


    I agree. Dont move out til the house is sold. If its sold.
  25. shadams
    A very long time ago I had my bike tore apart. A fella I had met was building me a trick lower end. I didn't know a lot of people at th time and when I met this fella about everyone told me he was a dirty no good and to watch him. He did have a bad attitude with most people.

    Anyway I fell on hard times, was out of work he was getting close to needing to be paid, loosing my apt etc. I went to see him in a borrowed pickup truck with the rest of my bike and told him what was up and I was going to just give him my bike to make sure he was paid off. He said "Then what?" So I told him I didn't have a plan. He handed me the keys to his house and told me that I should cook dinner if I had time after I unloaded everything. I lived with him and worked in his shop until I got back on my feet.

    We are still close friends to this day. Other than offering to choke the life out of me if I didn't shut up a couple of times over the years he has never treated me poorley.

    You just can never pay that back.
  26. 1pickup
    Joined: Feb 20, 2011
    Posts: 999


    Max, sorry to hear of your dilemma. Lawyer up, is the best advice I can give. Also, this should make us ALL think about our estates. This doesn't seem like the best way to handle it. I understand an even split between children, etc., but people can change after things like this happen, or maybe just their true colors show through. Fairness & equality don't mean as much as the real wishes of the departed. I'm gonna get a will asap.
  27. Another thing, if your dad had gone to a nursing home, there would be no house now.
    The only reason they have something to argue about is because you took care of your and their dad.
  28. Rickybop
    Joined: May 23, 2008
    Posts: 6,981

    from Michigan

    I bet your siblings hardly hung around at all to help care for your dad...right? Now they wanna kick you to the street. Grinds me. Be sure to stick up for yourself. I hoping for the best for you, MG. Time to start selling some shit. I had to sell almost everything I collected over the last 25 years. Sucks big time, but my wife and I are still here on the farm. That doesn't suck.

    And P&B...I'm about to choke the life outa you if you don't shut up...Hahahahahahaha!
    Seriously...seems people don't sympathize with others in trouble, unless they've been there themselves. You've been there. You understand. I've been there. I understand. Lots of folks here understand. My kind of people.
  29. truckedup 28
    Joined: Nov 7, 2006
    Posts: 813

    truckedup 28

    ill tell my wife about this she is a lawyer ( not family law) but she does kniow a thing or two. see what she has to say...jones
  30. Ebbsspeed
    Joined: Nov 11, 2005
    Posts: 5,460


    Have your lawyer look into the Wisconsin "adverse possession" laws and see if they might apply. They differ from state to state, but it might be another avenue to pursue.
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