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

Thats just one of the many reasons I'm happy to be an only child. I value friends over family, you choose them/they choose you..............that doesnt happen with siblings, you get what you get. ​

 

Sometimes you just want to be done with something. Yeah is sucks that the OP is out a place to stay but Im not sure why the other 80% of the owners are bad people for wanting to sell.
We have some land in our family that is the same issue. 20% dont want to sell and the other 80% would like to be done with it.
Hope you find a way to work this out.

 

I've been in a similar position only worse. Luckily I knew my relatives were a bunch of thieving horses asses so I started laying my plans 3 or 4 years ahead of them. I got what I wanted, they got what they wanted, we haven't spoken since and that suits me.

On to your problem. If you had seen this coming you might have laid plans, as it is you need to consult a lawyer. Not just any lawyer, 9 out of 10 will sell you out for the fun of it. How you find a good lawyer I don't know. Maybe the dirtiese divorce lawyer in town.

One good trick is to stall. Every time their lawyer sends you a letter answer it with a question. Ask them to explain what they mean. If it takes them 30 days to answer your letter, you take 29 to answer theirs. If they take 60 days, you take 59. Stall stall stall for time. Use every trick in the book. If you really are sick you can use that as an excuse to postpone court dates etc for years. I know someone in a similar situation to you , who did this and delayed settling an estate for 17 years. Someone I know (my brother) tried the same bullshit with me and got away with it for 3 years. The only reason he stopped was I made him pay his own lawyer, I would not approve the estate paying him, he smartened up right quick when the lawyer started putting his name on the bills.

There is always an angle. Be the biggest asshole in the world, be a holdout, dig your heels in. They will eventually offer you a fair settlement to get rid of you. It will also give you time to sell stuff off, auction , yard sale, whatever, and make plans of where you are going to go and what you are going to do.

 

I would say if you have no money,and that's contributing to your problems,you need to sell off some of your collection .

 

Get an Attorney that specializes in Real Estate law. I like the adverse possession angle. Basicaly it states that if you live on the property open and notoriously and pay the taxes, you can claim ownership. Laws vary from state to state but I am sure an Attorney that is very familar with real estate law can help you out. Good Luck.

 

Didn't ya read the whole post?...or do you just have retention problems? Maybe just empathy problems. The issue isn't so much that they wanna sell the place...that's reasonable. It's that they want him outa there in TWO WEEKS...that's not reasonable. Pretty fkn shitty, really.

 

Check with the local TV stations. Some have free days where you can call & get advice from lawyers. They would probably just love to show your situation an air as it sells ratings. Don't possibly see how they can evict in such short time & especially when you are a 20 percent owner. Get tough & stay put. Best wishes & hope shit turns in your favor. As was posted earlier you should be If not already compensated for time taking care of the property & as caregiver to your dad.

 

Unfortunately in this economy, everyone wants/expects you to give away your collection. I just moved, am trying to sell off a ton of hot rod stuff. I'm listing most at about 1/2 of what I could get 10 years ago, yet you should see the insane offers thrown at me on stuff. I'm glad that people are building cars cheap, because at least they are building,,,,,, but cheap doesn't mean free.

 

Had a similar situation. A friend died and left a piece of property jointly owned by an ex girlfriend. His wife had to take her to court to get her to sell. It took 6 months and a lot of money. Tell the relatives you will move out in 4 months but that is the best you can do or they can spend the money to take you to court. Run this by a local attorney first as laws in your state may vary.

Charlie Stephens

 

hi Jim,you sure get some bad luck.Put sentiments aside and dig in, don't be cheated or accept any deal that robs you of your place.

Good luck mate.

 

The first thing you should do is change the locks. This will force them to ask permission to enter the home. It will also stop them from moving your personal belongings out if your not home. Remember it's your LEGAL address not theirs. If they so chose to kick the front door in, it's your right to report that a crime taken place. Good luck.

Elwood

 

i went through a similar situation when my stepdad passed away

his relatives tried to get his real estate made community property because the beneficiary card wasn't signed on his life policy,and screw my mom out of some serious dough.

i paid an attorney $1000 to get the magistrate to deny their motion

 

Make sure you have your records from paying the taxes on the place,and was there ever any legal papers brought up after he died showing who actually owns the property. They say you can't beat the system but you can at their own game.Good luck!

 

If he and four other heirs each own 20% of the property, they cannot force him out. Each of them have an equal right to be there.

Adverse posession will not apply.

the only way any of them can force a sale is for one of them to petition the probate court to partition the propery... and normally it cannot be partitioned (divided into shares) so the court will order a sale and the proceeds divided.

This takes time. Hopefully your attorney is a probate / real estate attorney and will protect your rights.

This legal advice is worth just what you paid for it................

 

siblings can be a real paing in the ass. Im having problems with one now but no where close what your going thru. I hope you can store your stuff with friends , sorry man.

 

All too often greed trumps the real needs of family members during things like this.

Kick the disabled brother out of the house so you can take your wife or hubby on a vacation to ______________ with your 20% of the house. At least it sounds like your little brother had some class.

 

You have nothing to worry about.

You legally own 20% of the property and there isn't a damned thing in the world they can do about it until you decide to sell your share. However, they CAN come live with you.

If people around this country can file a $15 application and get to live in a $2million foreclosed home, then you have nothing to worry about. This kind of stuff really pisses me off. That 'blood is thicker than water' line is a bunch of bullshit, isn't it. Good luck, friend.

 

From A Lawyer Friend;

In some cities there are low cost or free legal services for poor people, especially in landlord/tenant cases. Make sure he sees someone experienced in real estate law. Wish him good luck. Mike

 

Jim ..... take a deep breath brother, WE have been through very,very difficult things in our lives, Pray and listen to the good advice of searching out the best lawyer(s) to handle this situation.

I'm here for ya .....
Glenn

 

Go talk to a law ferm that specializes in Elder care.

 

no question about it here.....you need legal advice.....ASAP!

 

I am a lawyer, but in Ca.

Didnt read every post, but first, if the first lawyer doesnt have good news, talk to another one. (you will get difference opinions)

You dont have to move until/unless they "evict" you.
Sounds like you also have a say so in the price it sells for.
You have lots to talk to a lawyer about and you dont have to move until the house actually closes escrow.

You also have the option of negotiating a deal, such as you will move out in one year, or whatever.
Do not just accept whatever they say, and do not just accept whatever their lawyer says to you.

Best of luck

 

Can't you just shoot 'em?

 

Ain't family great? Sickening. Inlaw's cause most family problems in my experience.

I'd trust a stranger with a lop eared dog further than most of my inlaws.

 

Some States have a law that if you provide live-in care for two years or more, you have the right to live in the house. In many States, family members can't be paid for taking care of relatives. A lawyer is your best bet but it will cost you and you can't always believe them. Maybe there is some legal aide available in your area.

If you took care of your Father for 5 years, your siblings should let you have the house. If he had gone into a nursing home, it would have burned up the money in the house but there is always one in every family.

 

Castle doctrine

 

ditto.....family sucks balls

Sorry to hear this Jim...if you need help with anyting i can help with...I'M THERE

 

Whatever you do don't move out. They can't kick you out without taking legal action. As long as you are there you are money ahead right? Not having to pay rent.
I lost my Mother and Father at a young age and then lost a Brother and Sister. Then ended up losing the family home to fire. I don't even speak to my two Sisters that are still living. And get this Im only 49 years old. Family can suck ass at times.

 

Call Handel On The Law on Saturday morning. Free legal advice where he tells you you have absoloutely no case. Out of California. Google it - they run it tape delay in my market.

 

geez Jim, what an awful situation to be in. I feel terrible for you.

I don't know what I can do to help, but if you think of something, let me know.