QUESTION
Do I have any legal standing to buy over him since I have been caretaker of the home for two years?
Asked on Jan 20th, 2014 on Estate Planning - Oregon
More details to this question:
My parents deeded their home in 2004 to all three children. My father passed away in 2011 and my mom is in hospice care at present. The home has been my place of residence for the past two years. During that time I took care our mother and the home. The deed specifies the home should be divided three ways unless one of us would like to purchase it and then that person would have to buy the other two out, which I am willing to do. The problem is both my brother and I would like to purchase the home. How would a lawyer view this situation if presented with both of us wanting to buy the home?
14 ANSWERS
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Suggest you obtain the services of a probate lawyer to advise you. Assuming a probate proceeding, the court will order a distribution to the three of you; however, you and your siblings could enter into a bid process to buy the home at the estate sale.
Answered on Jan 27th, 2014 at 11:12 PM
You need the lawyer to review the document before giving any advice.
Answered on Jan 24th, 2014 at 5:43 AM
Elder Law Attorney serving Hollister, CA
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Charles R. Perry
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The fact that you were a caretaker, standing alone, would not give you priority in terms of purchasing the home. Without seeing the deed you mention or your parents' wills and other estate planning documents, it is not possible to advise you. Assuming all documents are silent as to who has priority, then no one would have any priority to buy out the others. It may be that some sort of "auction" can be set up, where the one of you that bids the highest gets the right to purchase out the others or, you may decide to jointly sell the home and share the proceeds. Neither of those, however, are mandated by the law as something you must do in this situation, and there may be other solutions acceptable to all of you.
Answered on Jan 24th, 2014 at 5:43 AM
2 Awards
Whoever pays the most will likely win. There may be some exceptions but that is likely the outcome.
Answered on Jan 24th, 2014 at 5:42 AM
A lawyer would say, "Whoever bids the higher price, wins."
Answered on Jan 24th, 2014 at 5:42 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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An attorney would hold an informal auction. First allow one brother to say how much he would pay, then the other brother until the bidding stops. That maximizes the value for the third sibling and is fair to all concerned.
Answered on Jan 23rd, 2014 at 8:37 PM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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As a part owner of the house issues like maintenance do not factor in the evaluation. Rent is likewise not a factor for the same reason. Since you are already an owner, care giving to your mother is not a factor in buying out your siblings. The only way rent and maintenance become a factor is if you had a specific arrangement with your siblings. Were your siblings involved in the maintenance decisions? Was there and agreement regarding rent? As a joint owner you can live in and maintain the property or not and pay rent or not. Family caregivers must overcome a presumption of gratuitous care giving to maintain a claim against the estate, however, live-in care giving of three years or more can achieve the status of a custodial claim against the estate. Such claims apply to the estate and not the property which was removed from the estate by deed. You or your brother should pay fair, market value for the purchase of the house. Neither has a preference. The higher bidder will prevail.
Answered on Jan 23rd, 2014 at 8:36 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Sounds like there could be a bidding war. I do not see any one of you with an inherent advantage. It sounds like a situation that is ripe for conflict. If you and your brother can sort it out ahead of time in a mutually beneficial way, that would be best. Fighting this out in court makes no sense, since you will both be exhausting funds that could better be spent, elsewhere.
Answered on Jan 22nd, 2014 at 9:57 PM
Edwin K. Niles
It appears that you are on equal footing with your brother. You could set up an auction, I suppose. Beyond that, without a thorough review of the deed, I don't have any words of wisdom.
Answered on Jan 22nd, 2014 at 9:56 PM
Your care of your mother and the house was balanced out by your living in the house (I assume rent-free) so you have no greater claim to the property than your siblings. Unless you and your brother can come to an agreement, the house will probably be sold to the highest bidder.
Answered on Jan 22nd, 2014 at 9:55 PM
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How does the trust provide conflict is handled? Maybe it is sold to whomever is willing to pay the most. Have a bidding war. That is probably fair.
Answered on Jan 22nd, 2014 at 9:55 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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You probably have some kind of equitable claim to first dibs on the home. Legally, all three of you have exactly equal right; it sounds like there are some odd terms in the deed, maybe particular language would help. The thing is, if you and your brother can't work this out then the only option will be a suit for partition, which would likely end with the house being sold on the open market after egregious costs for litigation. In that suit, you might be able to show the equitable right to buy the others out. Contact the Oregon State Bar about a low-cost consultation with a real estate lawyer in your area.
Answered on Jan 22nd, 2014 at 9:54 PM
Estate Planning Attorney serving Greensboro, NC
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The Law Offices of Cheryl David
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You have equal standing with your siblings. Unless everyone agrees, no one can buy the house.
Answered on Jan 22nd, 2014 at 9:54 PM
If you cannot agree, then you will have to file a partition action and the court will order a public sale. Then whoever in the public wants to pay the most will get it.
Answered on Jan 22nd, 2014 at 9:51 PM