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Dad recently passed and his will specifically states the house goes on the market 6 months after his passing. Sis just revealed she has a letter from dad stating she can stay in the house up to 5 years. How does this end????
sorry I left out - make sure she gets her money back for the last 5 years after you sign documents with the new owner and begin to split the profits. You may come out on the short end big time. 5 years is a long time if she is making all payments.
If I were in your shoes and my sis came up with a letter stating she was to live there for 5 years and Dad didn't say anything about it nor did she while she was alive, I would be very suspect. I would have an attorney look at the letter as to it's validity after asking all the usual questions as to when it was written, was it witnessed by anyone, what was his mental status when he wrote the letter, did he in fact write the letter or just sign it? Also ask an attorney as to your state's policy on someone living in the house for 5 years before you can have your share. I don't think that is fair plus sis may have a higher stake in the house since she will have paid 5 years of rent (or mortgage payments) all bills and taxes. She will either have a larger claim on the house if you allow her to remain in the house and/or she can get an attorney to make sure she gets her money back for the last 5 years before the sale of the house. Don't fall for it. Have every asset sold and divided into however many heirs there may be. You need a lawyer fast.
There is nothing stopping her from buying out your half. Tell her to make a purchase offer to the Estate of Dad and get a mortgage. She has six months to do that, or it goes on the open market, per the Will. See your attorney and start the probate process.
If dad received Medical Assistance, there could be a MERP and I don't know how they would view the sister continuing to live there, unless she was his full time caregiver and that was well-documented. But to have that question looked into, will definitely require a lawyer, and it will cost quite a lot of money. It may work better to have this Estate settled in Probate, and have your sister make her "claim" at a Probate session.
Sorry to "throw a monkey wrench" into the situation but there may be validity to your father's note, depending on how it was executed.
First, when was the Will executed and when was the note written? Have yhou seen the note and compared handwriting to confirm it's your father's?
Second, you need to research your state's statutes on holographic wills, which are handwritten wills allocating assets to heirs. If the note meets the terms of your state's statute, is dated after the Will and is an amendment to the initial Will, it may very well be legal.
Third, it would help to get an opinion from legal counsel, even if it's from a legal clinic, such as some law schools sponsor. You'll want to be on the safe side to avoid any repercussions.
Fourth, if the note doesn't meet the standards of a holographic will, I think it's up to you how you handle it. It also depends on who's named as Personal Representative (or Executor or Executrix). If it's you, you are obligated to follow the terms of the Will, but if you two are the only heirs, you may have some flexibility to allow your sister to live there if she pays all the expenses, including taxes.\
Sixth, when you see the date of the Note, compare to any time when your father might have been diagnosed with dementia. If he wrote it after a Dx, the note may not qualify as a holographic will.
Sorry to muddy the waters, but this could be a real legal land mine and you'll need to be careful how you handle the situation.
Is there friction between you and sis? Had sis been providing care for dad? Would it harm anything to let sis stay there? Can she afford property taxes, insurance, maintenance and such? Can she afford rent? Was she paid to care for dad?
I ask all of these questions because my relationship with my twisted sisters is destroyed after I provided 24/7 care for our mom for four years. I have a home, where there was a fire in August last year. Twisteds decided it was time for mom to move to a facility the end of May. I did not have a home to return to, the repairs were not yet complete. Twisteds did not even offer to let me stay until the repairs were done. Mom wanted the home to remain in the family, twisteds did not care.
These answers are on point and you just need to read the will and do what your father wanted you to do. Your sis's situation can be assessed as to what role she played in your father's care. Will the sale make her homeless? Won't she get a share of the proceeds? Why does she want to stay in the house? The longer she stays, the harder it is to get her out later. The best thing is to cut the apron strings. She has no right to hold up your part of the inheritance. Get all siblings together and hash it out until you ALL come to an agreement even if she has to buy you out. If you have to get attorneys involved, most of the money will go to them unfortunately unless they do it for free. Where did she get the letter? When did he write it? She may have caught him in a sad moment and he agreed with it even though his will said differently. Did she write it and have him sign it? If it were me, I would want all these questions answered just so there won't be any hard feelings in the future. When all else fails, go by the legal will and say it has to be per the state.
Has your sister been staying at your father's house? Did she provide care for him while she was living? If she did, then it is a sad situation. The executor of the will is able to execute the will as stated. Would your sister be able to purchase the house if she wants to remain there? I do hope that you can work something out. As it is now, the will is the legal document to be followed.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
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I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
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APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
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APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
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If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
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This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
First, when was the Will executed and when was the note written? Have yhou seen the note and compared handwriting to confirm it's your father's?
Second, you need to research your state's statutes on holographic wills, which are handwritten wills allocating assets to heirs. If the note meets the terms of your state's statute, is dated after the Will and is an amendment to the initial Will, it may very well be legal.
Third, it would help to get an opinion from legal counsel, even if it's from a legal clinic, such as some law schools sponsor. You'll want to be on the safe side to avoid any repercussions.
Fourth, if the note doesn't meet the standards of a holographic will, I think it's up to you how you handle it. It also depends on who's named as Personal Representative (or Executor or Executrix). If it's you, you are obligated to follow the terms of the Will, but if you two are the only heirs, you may have some flexibility to allow your sister to live there if she pays all the expenses, including taxes.\
Sixth, when you see the date of the Note, compare to any time when your father might have been diagnosed with dementia. If he wrote it after a Dx, the note may not qualify as a holographic will.
Sorry to muddy the waters, but this could be a real legal land mine and you'll need to be careful how you handle the situation.
I ask all of these questions because my relationship with my twisted sisters is destroyed after I provided 24/7 care for our mom for four years. I have a home, where there was a fire in August last year. Twisteds decided it was time for mom to move to a facility the end of May. I did not have a home to return to, the repairs were not yet complete. Twisteds did not even offer to let me stay until the repairs were done. Mom wanted the home to remain in the family, twisteds did not care.
So think about how you go about it and why.