QUESTION
Is the house ours or should we still pay for five years?
Asked on Dec 16th, 2014 on Estate Planning - Ohio
More details to this question:
My husband's father passed away a couple years ago and in the will the house was to be left to my husband, after his step-mother's death. Earlier this year the step-mom decided to move to another state and she told us we could move into the house. Before his dad's death he helped them with anything they needed and he continued to help her after his passing. None of her children did anything to help, not even their own mother, after he passed. Her son threw a fit that my husband was getting the house and so to keep the peace she told us we have to pay $400 a month and that in 5 years the house would be ours. One of the problems, we have lived in the house for 6 months and she refuses to send any kind of documents that we are buying the house, and even though we have ask for a receipt she will not send that either. Another question I have is if my husband was to get the house anyway should we have to pay her for the 5 years? What would you suggest we do about the situation?
2 ANSWERS
DUI Attorney serving Grove City, OH
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Law Office of John G. Galasso
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From what I can gather, your status now is a rentor. Without any documentation from the owner of record promising you the home, you have nothing.
Answered on Dec 18th, 2014 at 2:25 AM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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Have you actually seen your husband's father's will? The first issue is whether he actually left the house to your husband or to the stepmother or "to the stepmother for life then to your husband". If he left the house to your husband, then your husband should get the probate court to issue a deed to him and he doesn't need to pay any money to the stepmother. If he left the house to his stepmother, then your husband has no right to the house and if he wants to get it from the stepmother he needs to get the deal in writing. Agreements for the transfer of real estate must be in writing, if you make payments without having a written deal, then the payments will probably be considered rent rather than purchase payments. If he left the house to the stepmother for life then to your husband, as long as the stepmother is alive, she calls the shots on the house. Again, if she and your husband have a deal where he gets the house after five years of payments, that deal needs to be in writing. If she died tomorrow, he would immediately get the house but if she lives another 30 years - you'll always be at her whim.
Answered on Dec 17th, 2014 at 5:00 PM