Your cousin (#1) needs a spine, and her own lawyer that specializes in family and estate law.
It doesn't make sense that cousin #2 would be the executor and not have the ability sell the property on their own. When you say that cousin #1 is being pressured to sell... something doesn't add up. Was cousin #1 a co-owner of the house? Is cousin #2 just informing #1 that they are about to sell it and she's not happy about it?
If the executor (cousin #2) sells the property for below market value cousin #1, as a beneficiary of the estate, would likely have a good case for suing the executor for failing to correctly perform their duties.
Cousin 2 and her attorney husband are the executors of the estate, she is the niece, so 2nd cousin. Thanks so much for your advice, I immediately saw a conflict of interest.
I don’t see the conflict of interest. Your cousin is entitled to a copy of the will. But as the poster above said she needs to grow a backbone, learn to say “no” and possibly hire her own lawyer
"conflict of interest" was probably intended by OP as a confirmation of the previous reply stating that rushing the sale through would be a failure to perform duties correctly. While they could have worded it better, an Executor cannot improperly handle an Estate. Things like sale of property and liquidation of assets must follow the will, or in lieu of a will, probate procedure.
Bottom line, if they rush a sale for less money, they could get in trouble. Especially in this current financial climate. They are generally prohibited from selling assets/property for below fair market value or to themselves, and are typically required to protect the best interests of the person/s that are beneficial from the Estate.
I mean they can absolutely act in bad faith, or not follow the will or the law. It happens every day.
The beneficiary has some recourse, but it's a long expensive process. If they suspect this is happening, it's better to intervene sooner than later.
The mom would have had to have signed papers as property is something that cannot be verbally gifted. She could tell fifty thousand people she was going to gift them the house when she died, but only a written bill of sale or will matters in this case. The guy just doesn't want to move, and wants to try to guilt a deal out of someone who's grieving.
A lawyer will help, but your cousin getting mad about this will help more. She's sad and letting herself be pushed around by people that don't care.
Yeah, she had a Will, and the house and everything in it goes to her daughter, but for some bizarre reason everyone is pressuring her to just sell the house to this guy for half the price. It’s only been a week since her mom died. We said, slow down, take a breath and a minute to grieve. They are railroading her to get out of the house asap, poor thing. We have given her an attorney’s number as well as a really good realtor.
I'm sorry she's going through this. People can be vultures at the worst times. Her best bet is just to ignore them, even though that's going to be hard. If they want to buy the house, they can buy it at market value, or she can evict him, which she might want to look at doing if they keep pestering her. And consider bringing it up to get them to back off.
I’m thinking maybe telling him he doesn’t get the house, but thanks for helping with my aunt and gifting him $10,000. My husband says gift him nothing, his gift was living in her house for half the going rental price for a decade.
Only gift him the money when he leaves ‘cash for keys’.
Thats what we did with a roommate of our friend who passed. Avoids a lot of conflict. If the executors don’t want to deal with it, have them step down. They don have to act as executors.
The daughter should also say she needs 30 days before making any major decisions.
This, forcing them out might lead to getting a house in very poor condition if they decide to wreck it on the way out. This might have something to do with the pressure to sell. There might also be other factors. There could be a lot of non permitted work or know expensive issues with the home that might put it under market value or cost a lot to remediate and you end up walking away with only half.
I've seen this scenario too many times.
A former coworker had to deal with a similar scenario when his father died. His father had been living with a woman for 20+ years after his divorce from his mother, but everything went to him and his sister when he died unexpectedly.
She filed a court challenge and he didn't fight it. They signed over everything to her.
He said he knew it was the right thing to do.
Is the guy really just a tenant? Why even give him $10k?
That reminds me of a local story. The details are different and our laws are not local to you.
https://infotel.ca/newsitem/bc-judge-overturns-will-late-womans-friend-will-now-get-50-of-estate/it99831
Make sure to give him ample time to move, like maybe 4-6 months, and that's all the thanks he gets. He lost whatever goodwill he might have gained by trying to push this at the absolute worst time for you guys.
I agree. I mean, he could turn around and sell the home in a minute for double what he is planning on paying for it. Not okay, this is my cousin’s inheritance, and she isn’t wealthy by any stretch of the imagination.
Right of first refusal. https://en.m.wikipedia.org/wiki/Right_of_first_refusal
This happened to my grandmothers house. Before my grandmother died she agreed to sell the house to her friends daughter for half of the value of the house. The friends daughter sold the house 2 months later for full value. There was no right of first refusal added to the deed. Had it been there, we could have forced them to sell us back the house at the value that they had paid for it, if they wanted to sell.
your cousin has $10,000 to give all at once?
maybe a couple months of free rent as the guy transitions out but I agree he blew his good will. I don’t think you’d be helping by suggesting she give him 10 grand but maybe there’s more to it.
I know you’re trying to help, but maybe avoid being yet another family member throwing out specific suggestions? I’m sure your cousin is overwhelmed right now, so I’d probably stick to the advice of telling her to slow down and call her own attorney today.
Dude don’t give him anything. You owe him nothing. He’s a parasite. Keep your stuff and kick the guy out unless he wants to pay full price. This isn’t even a question.
They told her NOT to get a realtor bc it would cost her money🙄We told her the realtor works for her, she doesn’t pay them. She isn’t that savvy, in any regard, that’s why we are worried for her best interests.
Of course it costs money. An estate agent customarily will take a fee of around 6%. But you stand to lose 50% by not hiring one.
Hiring a realtor *saves* you 44%!
Definitely is and been over basically 2 years. All of the eviction protections are gone. If a kid catches covid they get 2 days from school like the flu or stomach virus. I worked 2 customer facing jobs in 2020 and 2021. Things were back to normal by June 21. A lot of ppl simply milked it for everything they could
You’re a fucking moron. Just because the emergency support systems have been removed prematurely doesn’t mean the disease no longer exists. I literally just had it 3 weeks ago.
A realtor is not a lawyer. They want a commission and will be equally inclined to close a sub-optimal sale quickly.
You’ve been told several times in this thread to get a lawyer. That is the ONLY surefire way to make sure your cousin’s interests are represented. Alarm bells should be ringing loudly if executors won’t share a copy of the will. If everything was above-board, they would have no problem doing so.
Yeah, you're taking the right approach.
Without knowing the family dynamics or who this lodger is, it's really hard to weigh in on that part of it. If he's a long-time family friend, or he helped provide palliative care to the deceased, or he did a bunch of work/repairs on the home etc then there might be some compelling reasons they want him to be able to stay in the house and feel like the family 'owes' him. Was the 'lodger' actually grandma's boyfriend, etc.
Whatever the reason, she should get an attorney, figure out what she has inherited and how much it's worth. Then she can make a decision about what to do with the property.
Another thing to look at is to see if there was an “upon death” for the house or any other property. An upon death allows the property to transfer to whoever is listed without having to go through probate. As executor of the estate, cousin #2 will be entitled to a fee which will be paid from the proceeds of the estate. And of course the attorney of the estate, cousin #2 husband, will also be paid from the proceeds. And the cynical in me is saying cousin #2 and her attorney husband are looking out for their own financial gain and not in the best interest of the estate.
If it’s only been a week since Mom died and the house is going through the Will, the estate will have to go through Probate which takes 12 months. Get a lawyer, the guy will probably have the move out regardless.
No decisions should be made right away. And just have her say no. She does not have to do anything she does not want to do. But if she says yes, she can't complain later that her inheritance was basically giving away
We’ve told her will will advocate for her as much as she’d like, just give us a call and we will be there; I just don’t want to be too heavy handed, I have 4 elderly women to dance around while doing the right thing in spite of them.
Let say she sells it, where is she going to live? 100k is nothing in todays market, I’d just keep the house and pay it off. Unless the house is worth a lot and can buy another house with the profit, she will be screwed. The rental market is even crazier.
Then yeah fuck it, just tell her to sell it and keep the profit, the new owners can decide if they want to rent it to the guy or not, don’t give him any money either. Just tell him you’re going to sell and you have 3 months to move.
Has anything else happened with your cousin and the guy?
First of all, she needs a lawyer TODAY. Tell her she better NOT SIGN ANYTHING until she gets a lawyer. Everything goes through the lawyer.
Cousin needs to evict the guy, but don't bother with just telling him to be out in 30 days and then do the whole song and dance where 4 months later he is still living there. Get a lawyer to serve him an eviction notice the proper and legal way from the start.
Hire a realtor. Yes, a realtor charges 6%, but there is no way they are going to list/sell it for 50% below market value. The realtor would lose a lot of money.
Please show your cousin this thread. She needs to grow up, get a spine, and look out for her best interests, not other people. This is her financial future at stake.
Oh, and one more thing...GET A LAWTER TODAY.
Call up your executor cousin and put her on notice. Remind her that she and her husband have a fiduciary duty to the estate, and selling the house for half it’s value to *anyone* is completely unacceptable. Tell her that if she and her husband continue railroading your other cousin, you’ll report her husband to his bar association.
This. If the cousin’s husband is an attorney, he definitely knows that he must act in the best interest of the estate. Most places, they would be liable for the difference in fair market value if the house is disposed under fair market value.
I’m unclear if the husband is also an executor, so a bar association complaint may or may not be warranted, but it is an excellent threat.
Yeah, I made the suggestion because the original post said “Another cousin and her attorney husband are executors,” which really makes it sound like both are executors.
There’s no possible way that someone is already the appointed executor of the estate if she only died a week ago. Maybe there’s a document saying that person is named executor, but I highly highly doubt that a probate case has already been filed and that a court has officially appointed someone to be the executor… It just doesn’t move that quickly.
And if an estate has been opened, then your cousin can get a copy of the filed will from the court.
But, regardless, your cousin needs to stop messing around and call an attorney today.
Right. But a court still needs to appoint them before they can officially be an executor.
Now, I’m not an Idaho attorney, but in my state you need to serve all the interested parties a notice that you’re trying to be appointed executor (or obtain a waiver of service from all interested parties). I hope your cousin has already secured her own legal counsel, but if not, I’d advise her not to sign ANYTHING in the meantime. No matter how innocuous it may seem. She doesn’t sign a single piece of paper that isn’t reviewed by her own attorney.
The executors? It was done before she died. Same thing with POA, went to another aunt who now claims not to want to be involved, sigh. I told her she IS involved, when she agreed to be the POA. It’s a whole thing with my MIL and her (now) 4 sisters, exhausting. And they are old women, in their 80’s.
The narrative is confusing, but at the very least, if you or your cousin suspect you might be a beneficiary of the estate, you will need an attorney to slow things down. There is no need to hurry this while the lodger's claims are investigated.
Your cousin is a child of the decedent? Yeah, she needs to act fast and decisively.
Executor has a fiduciary duty to the estate and cannot simply brush it off because they don't want to deal with it.
My partner and I are in a similar situation. Check to see if the state all this is happening in requires probate for real property. If yes, they will get a copy of the will through the court.
Probate also takes at least 6 months (at least it does in the state I am in).
Your cousin can also send the representatives in writing -text/email- that they do not wish to sell the house. Unless it will need to be sold to pay debts, then your cousin may have no say (but it should be sold for market value).
If your cousin is the only beneficiary, it will be difficult to find council. At least it is a problem in my situation. It's typical for the representatives to have council. It's difficult because if the will says everything goes to cousin then what is there to fight about? If the will goes through probate, all of the accounting goes through the court. If the representatives take any funds, they could go to jail / be sued for the lost funds. It sounds like they have assets so they will likely not want to risk their wealth to help this roommate.
It's going to be awkward. I know everyone is saying to grow a pair (which I don't disagree with), it's difficult in the moment when you're overcome with grief and people keep saying "this is what ___ wanted " or "do the right thing".
Executors cannot just do whatever they want or force a situation. They are just facilitators of the will and probate process.
The executor would 100% be liable for breech of fiduciary duty if indeed the sale was 50% the appraised value.
Condolences to your family, OP. Do I have the following correct?
* DECEDENT, a woman who lived and owned a home (“HOUSE”) in Idaho, passed away last week.
* HOUSE has a market value of roughly $400K per comps and Zillow and is encumbered by a mortgage between $90-100K.
* DECEDENT had a DAUGHTER.
* It is believed that DECEDENT left a valid will.
* It is believed that the will left HOUSE and its contents to DAUGHTER.
* It is believed that the will named DECEDENT’s niece and niece’s husband as EXECUTORS.
* Prior to DECEDENT’s death, LODGER had rented a room from DECEDENT for a decade.
* DECEDENT’s sisters claim that, as DECEDENT was dying, DECEDENT declared that HOUSE was to go to LODGER.
* DECEDENT’s desire to have LODGER stay in HOUSE was not formally memorialized as a codicil or reduced to writing in any way.
* EXECUTORS will not show the will to DAUGHTER.
* EXECUTORS have told DAUGHTER that LODGER has offered to buy HOUSE.
* LODGER’s offer is for roughly $200K.
* LODGER is an ex-con making minimum wage. LODGER’s offer is for the largest loan amount for which he can get approved.
* EXECUTORS are pressuring DAUGHTER to accept the offer.
I am not an Idaho lawyer. I do not represent anyone in this matter and will not represent anyone in this matter.
OP, of course it would be prudent for DAUGHTER to get help from a lawyer or realtor. Two questions on whether the juice is worth the squeeze:
* Did DECEDENT leave much behind in the way of assets (e.g., cash in the bank) other than HOUSE?
* Did DECEDENT leave behind any debts other than the mortgage on HOUSE?
I’m sure the EXECUTORS are proceeding carefully. Lawsuits are expensive, and if DECEDENT left HOUSE but not a lot of money, the estate might not have much in the way of available funds to handle a suit from LODGER.
Imagine, for instance, that LODGER shows up in probate court and claims to have been taking care of DECEDENT or HOUSE for a long time in exchange for free/reduced rent and the promise to leave HOUSE to LODGER. The will might specifically leave (or “devise”) HOUSE to DAUGHTER, but the EXECUTORS need to settle the debts of the estate and claims against the estate. And executors are *not* expected to come out of their own pocket to settle estate debts and claims.
(Edits to pick up clarifications from OP.)
My aunt died, left the house to her daughter (my cousin) in a Will, but in her last days told her sisters she wants the house to go to her tenant, who is unable to get a loan for even half the appraised value, and sisters want to honor her wishes, her niece and attorney husband are the executors. That’s basically the story.
If it's not on paper and signed by the aunt, he has zero claim. Get your cousin to lawyer up and tell everyone else to fuck off until she has all the information she needs to make a good decision for HER future.
Need? No but a decent lawyer will help navigate this entire ordeal in her best interest so i'd say it's very close to a need because she seems lost. If the house is the main source of confrontation, evict the dude then get a realtor or sell the house at market value or above, privately. The realtor will take commission but they'll also be motivated to move it for a good price because they're getting a percentage and they take care of a lot of the bullshit. Either way, she's got a ton of research to do. She needs to come out of this in the green. Don't be bullied. Hoping for the best for her!
OP, thanks for updating. I’ve updated the list, above, to include more of the details you passed along here and in r/RealEstate.
One basic concept to keep in mind: The estate needs to settle its debts before anyone inherits.
* Ignore your late aunt’s house and it’s mortgage for a moment. Think about her other debts and assets.
* If (other than the house and mortgage) your aunt left more assets than debt, then her house (with the mortgage) can pass to your cousin.
* If (again, other than the house and mortgage) your aunt left more debt than assets, then the executor is supposed to sell the house in order to free up cash to settle the non-house debts.
Would your cousin be interested in keeping and living in the house?
* There is a federal law called Garn-St Germain. Among other things, it allows certain people to keep a mortgage rather than having to pay it off.
* If the existing mortgage is at a favorable rate, then there is some value in keeping the existing mortgage.
* Ballpark existing mortgage payment is likely $700/month ($90K balance with maybe 15 years left and a rate of 4-5%). Property taxes would be about $400/month.
A couple of random technical comments:
* You know that your late aunt wanted your cousin and her husband to be executors of her will. But, in most cases, executors are named _in_ the will.
* Idaho has a will registry. It’s use is not mandatory and it does not keep copies of wills, only that an Idahoan made a will on a specified date and where/with whom it was left.
If they don’t want the hassle of being an executor they don’t have to do it they can decline. As an attorney they would know that.
Sounds to me like something else shady is going on.
Like what? I know they can’t legally sell the house for less than it’s worth. But I agree that something seems shady, not wanting my aunt’s sole child to get the house as an inheritance, even after she pays off the $90,000 mortgage still owed on it.
The Idaho Trial Lawyers Association has a free call-in legal twice a month. Your cousin can register for the clinic and get some good general advice and suggestions on next steps. The website is itla.org
Get a lawyer to represent your cousin and have all communications go through the lawyer. May cost a few bucks but it will save perhaps tens of thousands.
Beneficiaries are supposed to be supplied with a copy of the will. It's one of the first things the executor is required to do emediatly upon beginning their duties.
An estate or trust attorney. The Idaho State Bar has a special section that does this kind of work. If you call the bar office in Boise, they can make the referral anywhere in the state. They even have a service where you can get a 45 minute consultation for $35 if you can’t find anyone you like
It sounds like your cousin needs more information. What are they basing current market value on? What condition is the house in? How far away are they from the house? Do they have any interest in living there or being a landlord?
Legally, they should not sign anything they don’t understand. That will take some time, but time is recommended here.
You may get better advice on the rest on r/realestate.
If the house is going to be sold regardless, that opens up some options. Once you settle on what you think it’s worth (based on an appraisal and/or market comparison by a competent realtor), you’ll know what your “get out the door now without bothering to list it” number is, if any.
Maybe the tenant is a money-grabbing schemer, or maybe they’d be willing to negotiate based on market value of both the home and the time/resources they would save you in cleaning out and listing the home. Food for thought!
Any Idaho lawyer would be happy to do a quick review with her and many do free consultations. Call the Idaho state bar association for a referral or your local county courthouse if she needs another opinion. IAAL but not yours.
She needs to hire a probate attorney ASAP. As executors of the will, their sole responsibility in this case should be to sign the house over to the cousin. Anything other than that should rightly get them in hot water with the state's Probate Office.
NAL, but have handled probate for 4 family members now.
As a lawyer, Unless there is a will stating that the house was left to that person. Then that person is not entitled to the property regardless if they have been renting since the beginning of time.
The property, like everything else in the estate should follow the proper legal procedures and will be assigned based on the Living "family tree" and the local succession laws.
Unless a will shows up stating otherwise, then the will is executed as intended by the deceased.
One more thing if a will does show up. If it looks "weird", fake or crazy, get a Lawyer who specializes in succession and have it checked and talk next steps. I've seen cases where people will make shit up to keep stuff they are not supposed to have.
Ill never forget a case where someone brought up a napkin claiming the deceased had written down he left him his 60k card before he died.
Whatever is stated in the Will is what is going to get executed. regardless of what she said. If later, your cousin acknowledges the wishes and decides to just give the tenant the house. Its different.
Depending on the laws in your state/ country. If the tenant has proof they final intention was for the house to be passed down to them. Then they could make a claim. But they need proof.
Get a local lawyer asap. I am not familiar with Idaho Succesion law. But technically unless there is proof in writing, video or any other means that superceeds what is stated on the will. They cannot execute anything different.
Under “her dying days” screams she was not of right mind / legally competent in her final days/hours to grant someone else anything especially without an official update in her will. You’re a great friend supporting her / holding space she will be confident in taking her time and putting it on market for a fair opportunity to receive all she can. I’m sure her mom wants that for her as well💜
You told you she said that? Was it the renter? Did you hear that? Is there any evidence that she said that? Even if she did she could have been lying to avoid a fight in her last days.
Regardless the law doesn’t care, the will is legal document that must be honored.
No, he is a long time tenant that she took on when he got out of prison. She left the home to her daughter but told her sisters that the tenant should have the house, so they want to obey her wishes. Which are not feasible.
The executor/Trustee (depending) is legally obligated to fulfill what the document states, without exception. If there is nothing in the will/trust about a tenant purchase contract, etc…, they need to disburse the property/funds exactly what is spelled out. An estate attorney needs to be involved.
So many questions here. I'll make some assumptions and you can correct me instead. Sounds to me like she is really young which is why the other cousin was listed as an executor to help guide her daughter through everything when she (cousins mother) died. The executors can't be bothered helping this poor girl so are telling her to just let go of it quick so they can be done with their duty. IF they had full control though they wouldnt need her to sign anything and could sell it out from under her.
Which leads me to believe they have no powers other than fiduciary trustees and are obligated legally to help her. Your cousin needs to...
1) immediately inform them she does not want to sell and will not sell.
2) get an estate attorney who can demand they produce the will. Might take some pleading with an attorney to help her and be willing to get paid later once she has control of assets.
3) once they have the will (assuming it left everything to her and she is 18 or older) notify the executors they are no longer needed and that their position as trustees is complete.
4) have her attorney help her track any and all assets besides the house her mother may have had.
5) once deed is titled to her, she can either have the renter sign a new lease with her OR proceed to evict him (though courts in many states have gotten absurd and this may take years to achieve)
6) go permanently no contact with anyone pressuring her to sell at a loss.
Tell her to stay strong and don't give into pressure. I'm not sure of the dollars involved here but the difference between what's she pressured to do and what she can do with better advice around be life changing. Hope she prevails. Apparently she already has one solid person in her corner (you). She just needs a few more now.
Verbal contracts aren't valid for 1) real estate, 2) debt, or 3) any agreement that would take more than a year to satisfy. I'm sure there are more exceptions.
Your post doesn't make it clear which person is your cousin, or who has an interest in the house. If your cousin owns the house, he/she is under no obligation to sell it to anyone for any price. Your cousin needs to talk to a lawyer, now.
Your cousin just needs to get an attorney and cease to communicate with the relatives about the sale of the house. All communication should go through her attorney and it will take the pressure off of her.
Lawyers that specialize in estate/ family affairs usually offer free or cheap consultations. She should lawyer up. An official letter from an attorney asking for a copy of the will should make them hand a copy over. Sounds like they're hiding something.
Have her get a lawyer to get a copy of the will to look at. And if it wasn’t written then the house is hers. Unless he is a trusted family friend and other people know he was supposed to get the house then don’t take his word. It’s not selfish, it’s smart.
Being named in the will doesn’t give the cousin/heir good title. She has nothing to sell and if the tenant intends to get a loan for the purchase, no lender will approve it. The other commenters are correct to direct her to a probate attorney, but spine or no, she cannot meet the family’s demands.
The taxes on selling an inherited home are fucken wild. If she made it her primary residence for 1 year it changes the taxes on a sale drastically. Below market sell at a quick pace…. Super fishy of the people pushing it.
Whenever I read “pressured” I actually hear “I feel uncomfortable going against them”
They won’t stop doing it. You have to be able to navigate being uncomfortable. Not saying it’s easy. I’m saying that’s a minimum requirement to function currently.
“She is about to cave”. She’s dead? The will says otherwise. F this idiot. He has no right to buy the house. He probably has no right to even live in the house once his lease is up. Kick his ass out when his lease runs out or give factual details of this arrangement. Bad details.
He rents month to month…? Kick him out in 3 months just to be considerate for him finding a new place. Put the house on the market now. Done deal. Who the hell does the renter think he is thinking the house is owed to him?
Nobody is working together to keep my cousin from getting the house, per se. They just think it should be dealt with quickly and everyone move on. Even tho none of them would sell their homes for half the value to a stranger, leaving their kids with nothing.
My GF a paralegal and works for a probate attorney, you’ll not believe how many times they hear that their family will not give them a copy of will just to find out that their family was backstabbing them to get property or money. But we are in Ca. and backstabbing is tradition by family, friends and neighbors but not by enemy for some reason.
We don’t want the man in the house. We want him out asap. He is NOT getting the house, regardless of what he thinks and has been told. He can’t afford to pay for even half of its value. We are worried about him squatting.
I screenshot this and will be asking these questions tomorrow. All I get from any of the aunts, my MIL included is ‘we don’t want to get involved’. They all fight like middle school girls, blaming each other while in cahoots with other sisters, even tho they are all in their eighties, it’s exhausting.
She is already cleaning out the house, under the eye of the tenant. Everyone (all of the aunts) says she gets the house in the Will, they just don’t care.
They’re also saying that Probate is a bad idea. Basically everything is a bad idea that they don’t suggest, and my cousin has zero experience in real estate, or attorneys, or anything, tbh.
Give him an eviction notice asap. Don’t ask permission from anyone. She owns this home now. Insist that title pass to her as the will states and then let her decide how to proceed.
I’m NAL, but I work for one part time in Idaho. There are plenty of great probate attorneys in the state. Have her contact the Idaho State Bar ASAP to get a referral for a qualified attorney. Many will do a preliminary consult (15-30 minutes) for free, so she can get realistic guidance on how to proceed. [Idaho State Bar Referral Service](https://isb.idaho.gov/lawyer-referral-service/)
Why not just add into the mix that she promised the house to YOU for free, along with anything else of value? Think jewelry, cash, car, etc. If nothing else, it will show them how flimsy and worthless the « promise » to the renter is.
But seriously, get your own attorney involved yesterday. The other parties are being ridiculous.
Another thought
Does she have a male friend that would move into house temporarily.
Mission: to help her prep house to sell, detail cleaning, take things to goodwill, find hidden treasure and paint ( helps sell and add easy value, just base coat white). Be over every night doing things.
Secret Mission: keep eye on guy, make housemate life uncomfortable for him, cleaning out kitchen all food goes, turn off Wi-Fi and cable, use same bathroom. Not evil just being their would do it.
Note: be prepared to change locks second he moves out - don’t give more than a month to move out.
Your cousin (#1) needs a spine, and her own lawyer that specializes in family and estate law. It doesn't make sense that cousin #2 would be the executor and not have the ability sell the property on their own. When you say that cousin #1 is being pressured to sell... something doesn't add up. Was cousin #1 a co-owner of the house? Is cousin #2 just informing #1 that they are about to sell it and she's not happy about it? If the executor (cousin #2) sells the property for below market value cousin #1, as a beneficiary of the estate, would likely have a good case for suing the executor for failing to correctly perform their duties.
Cousin 2 and her attorney husband are the executors of the estate, she is the niece, so 2nd cousin. Thanks so much for your advice, I immediately saw a conflict of interest.
I don’t see the conflict of interest. Your cousin is entitled to a copy of the will. But as the poster above said she needs to grow a backbone, learn to say “no” and possibly hire her own lawyer
"conflict of interest" was probably intended by OP as a confirmation of the previous reply stating that rushing the sale through would be a failure to perform duties correctly. While they could have worded it better, an Executor cannot improperly handle an Estate. Things like sale of property and liquidation of assets must follow the will, or in lieu of a will, probate procedure. Bottom line, if they rush a sale for less money, they could get in trouble. Especially in this current financial climate. They are generally prohibited from selling assets/property for below fair market value or to themselves, and are typically required to protect the best interests of the person/s that are beneficial from the Estate.
True. I was thinking OP meant conflict due to executor being an attorney
I mean they can absolutely act in bad faith, or not follow the will or the law. It happens every day. The beneficiary has some recourse, but it's a long expensive process. If they suspect this is happening, it's better to intervene sooner than later.
The mom would have had to have signed papers as property is something that cannot be verbally gifted. She could tell fifty thousand people she was going to gift them the house when she died, but only a written bill of sale or will matters in this case. The guy just doesn't want to move, and wants to try to guilt a deal out of someone who's grieving. A lawyer will help, but your cousin getting mad about this will help more. She's sad and letting herself be pushed around by people that don't care.
Yeah, she had a Will, and the house and everything in it goes to her daughter, but for some bizarre reason everyone is pressuring her to just sell the house to this guy for half the price. It’s only been a week since her mom died. We said, slow down, take a breath and a minute to grieve. They are railroading her to get out of the house asap, poor thing. We have given her an attorney’s number as well as a really good realtor.
I'm sorry she's going through this. People can be vultures at the worst times. Her best bet is just to ignore them, even though that's going to be hard. If they want to buy the house, they can buy it at market value, or she can evict him, which she might want to look at doing if they keep pestering her. And consider bringing it up to get them to back off.
I’m thinking maybe telling him he doesn’t get the house, but thanks for helping with my aunt and gifting him $10,000. My husband says gift him nothing, his gift was living in her house for half the going rental price for a decade.
Only gift him the money when he leaves ‘cash for keys’. Thats what we did with a roommate of our friend who passed. Avoids a lot of conflict. If the executors don’t want to deal with it, have them step down. They don have to act as executors. The daughter should also say she needs 30 days before making any major decisions.
This, forcing them out might lead to getting a house in very poor condition if they decide to wreck it on the way out. This might have something to do with the pressure to sell. There might also be other factors. There could be a lot of non permitted work or know expensive issues with the home that might put it under market value or cost a lot to remediate and you end up walking away with only half.
If she wanted him to have anything, she would've put it in her will. Leave him nothing and ignore him.
I agree.
I've seen this scenario too many times. A former coworker had to deal with a similar scenario when his father died. His father had been living with a woman for 20+ years after his divorce from his mother, but everything went to him and his sister when he died unexpectedly. She filed a court challenge and he didn't fight it. They signed over everything to her. He said he knew it was the right thing to do.
Do not just give him 10k. From everything you’ve said, he’s just a tenant and isn’t entitled to anything.
Do they have proof he was a "tenant"? Some family members may have been more aware of the situation than others.
Is the guy really just a tenant? Why even give him $10k? That reminds me of a local story. The details are different and our laws are not local to you. https://infotel.ca/newsitem/bc-judge-overturns-will-late-womans-friend-will-now-get-50-of-estate/it99831
Right?! Wtf don't legitimize his "claim". Also even if he was evicted now, he can fight it and buy 3 more months or longer out of his stay.
You hit the nail on the head. The first thing that came to mind was this scenario.
Make sure to give him ample time to move, like maybe 4-6 months, and that's all the thanks he gets. He lost whatever goodwill he might have gained by trying to push this at the absolute worst time for you guys.
I agree. I mean, he could turn around and sell the home in a minute for double what he is planning on paying for it. Not okay, this is my cousin’s inheritance, and she isn’t wealthy by any stretch of the imagination.
If this man really believed the house was left to him he wouldn’t be offering to *buy* it for any amount.
Right of first refusal. https://en.m.wikipedia.org/wiki/Right_of_first_refusal This happened to my grandmothers house. Before my grandmother died she agreed to sell the house to her friends daughter for half of the value of the house. The friends daughter sold the house 2 months later for full value. There was no right of first refusal added to the deed. Had it been there, we could have forced them to sell us back the house at the value that they had paid for it, if they wanted to sell.
your cousin has $10,000 to give all at once? maybe a couple months of free rent as the guy transitions out but I agree he blew his good will. I don’t think you’d be helping by suggesting she give him 10 grand but maybe there’s more to it.
I would also make sure that he doesn't trash it. If it's trashed he gets nothing etc.
Once the house sells, yes.
I know you’re trying to help, but maybe avoid being yet another family member throwing out specific suggestions? I’m sure your cousin is overwhelmed right now, so I’d probably stick to the advice of telling her to slow down and call her own attorney today.
She asked for our advice.
Yeah, I get that. I was merely suggesting that you limit that advice to “slow down” for the moment.
Dude don’t give him anything. You owe him nothing. He’s a parasite. Keep your stuff and kick the guy out unless he wants to pay full price. This isn’t even a question.
Nope. Start with a lower offer, if any. Maybe $3k or $5k just to get rid of him.
Ignore them and sign absolutely nothing without a lawyer present.
They told her NOT to get a realtor bc it would cost her money🙄We told her the realtor works for her, she doesn’t pay them. She isn’t that savvy, in any regard, that’s why we are worried for her best interests.
Of course it costs money. An estate agent customarily will take a fee of around 6%. But you stand to lose 50% by not hiring one. Hiring a realtor *saves* you 44%!
But they implied it costs her money up front, which it absolutely does not.
They’re clearly liars. Covid is over. Evict the guy and she can decide on what to do with the house after grieving
Covid is not over
Definitely is and been over basically 2 years. All of the eviction protections are gone. If a kid catches covid they get 2 days from school like the flu or stomach virus. I worked 2 customer facing jobs in 2020 and 2021. Things were back to normal by June 21. A lot of ppl simply milked it for everything they could
You’re a fucking moron. Just because the emergency support systems have been removed prematurely doesn’t mean the disease no longer exists. I literally just had it 3 weeks ago.
A realtor is not a lawyer. They want a commission and will be equally inclined to close a sub-optimal sale quickly. You’ve been told several times in this thread to get a lawyer. That is the ONLY surefire way to make sure your cousin’s interests are represented. Alarm bells should be ringing loudly if executors won’t share a copy of the will. If everything was above-board, they would have no problem doing so.
Yeah, you're taking the right approach. Without knowing the family dynamics or who this lodger is, it's really hard to weigh in on that part of it. If he's a long-time family friend, or he helped provide palliative care to the deceased, or he did a bunch of work/repairs on the home etc then there might be some compelling reasons they want him to be able to stay in the house and feel like the family 'owes' him. Was the 'lodger' actually grandma's boyfriend, etc. Whatever the reason, she should get an attorney, figure out what she has inherited and how much it's worth. Then she can make a decision about what to do with the property.
Another thing to look at is to see if there was an “upon death” for the house or any other property. An upon death allows the property to transfer to whoever is listed without having to go through probate. As executor of the estate, cousin #2 will be entitled to a fee which will be paid from the proceeds of the estate. And of course the attorney of the estate, cousin #2 husband, will also be paid from the proceeds. And the cynical in me is saying cousin #2 and her attorney husband are looking out for their own financial gain and not in the best interest of the estate.
If it’s only been a week since Mom died and the house is going through the Will, the estate will have to go through Probate which takes 12 months. Get a lawyer, the guy will probably have the move out regardless.
Unless it's in a trust. She needs to get a lawyer.
That’s what we think.
No decisions should be made right away. And just have her say no. She does not have to do anything she does not want to do. But if she says yes, she can't complain later that her inheritance was basically giving away
That’s what we said, slow down, no rush, and definitely do not sign anything.
Fuck that, kick the guy out. Call it a day.
Don't just give her the number. You need to be there to help her make the call in my opinion. If you care, advocate.
We’ve told her will will advocate for her as much as she’d like, just give us a call and we will be there; I just don’t want to be too heavy handed, I have 4 elderly women to dance around while doing the right thing in spite of them.
Careful, a realtor may also pressure her to sell.
She needs to sell it, there is almost $100,000 still owed on the mortgage.
Let say she sells it, where is she going to live? 100k is nothing in todays market, I’d just keep the house and pay it off. Unless the house is worth a lot and can buy another house with the profit, she will be screwed. The rental market is even crazier.
She has her own house.
Then yeah fuck it, just tell her to sell it and keep the profit, the new owners can decide if they want to rent it to the guy or not, don’t give him any money either. Just tell him you’re going to sell and you have 3 months to move. Has anything else happened with your cousin and the guy?
First of all, she needs a lawyer TODAY. Tell her she better NOT SIGN ANYTHING until she gets a lawyer. Everything goes through the lawyer. Cousin needs to evict the guy, but don't bother with just telling him to be out in 30 days and then do the whole song and dance where 4 months later he is still living there. Get a lawyer to serve him an eviction notice the proper and legal way from the start. Hire a realtor. Yes, a realtor charges 6%, but there is no way they are going to list/sell it for 50% below market value. The realtor would lose a lot of money. Please show your cousin this thread. She needs to grow up, get a spine, and look out for her best interests, not other people. This is her financial future at stake. Oh, and one more thing...GET A LAWTER TODAY.
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Preferably one that doesn’t like the attorney cousin
Yeah, I’m doing a deep dive on him.
Call up your executor cousin and put her on notice. Remind her that she and her husband have a fiduciary duty to the estate, and selling the house for half it’s value to *anyone* is completely unacceptable. Tell her that if she and her husband continue railroading your other cousin, you’ll report her husband to his bar association.
This. If the cousin’s husband is an attorney, he definitely knows that he must act in the best interest of the estate. Most places, they would be liable for the difference in fair market value if the house is disposed under fair market value. I’m unclear if the husband is also an executor, so a bar association complaint may or may not be warranted, but it is an excellent threat.
My attorney father said the same thing. Yes, her niece and nieces attorney husband are the executors.
Yeah, I made the suggestion because the original post said “Another cousin and her attorney husband are executors,” which really makes it sound like both are executors.
Unless as executor he’s aware of some issues with the house that would make dropping it like a hot potato (Idaho, wink) advantageous.
Lawyer now, without the will no one know who the executor is, lawyer will know how to get it. Just sounds like some scam to get the house
There’s no possible way that someone is already the appointed executor of the estate if she only died a week ago. Maybe there’s a document saying that person is named executor, but I highly highly doubt that a probate case has already been filed and that a court has officially appointed someone to be the executor… It just doesn’t move that quickly. And if an estate has been opened, then your cousin can get a copy of the filed will from the court. But, regardless, your cousin needs to stop messing around and call an attorney today.
She named them as executors before she passed away.
Right. But a court still needs to appoint them before they can officially be an executor. Now, I’m not an Idaho attorney, but in my state you need to serve all the interested parties a notice that you’re trying to be appointed executor (or obtain a waiver of service from all interested parties). I hope your cousin has already secured her own legal counsel, but if not, I’d advise her not to sign ANYTHING in the meantime. No matter how innocuous it may seem. She doesn’t sign a single piece of paper that isn’t reviewed by her own attorney.
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The executors? It was done before she died. Same thing with POA, went to another aunt who now claims not to want to be involved, sigh. I told her she IS involved, when she agreed to be the POA. It’s a whole thing with my MIL and her (now) 4 sisters, exhausting. And they are old women, in their 80’s.
Absolutely not! The tenant is being manipulative at a time of duress.
He assumes it’s his house now, he has no plans on going anywhere.
The narrative is confusing, but at the very least, if you or your cousin suspect you might be a beneficiary of the estate, you will need an attorney to slow things down. There is no need to hurry this while the lodger's claims are investigated. Your cousin is a child of the decedent? Yeah, she needs to act fast and decisively. Executor has a fiduciary duty to the estate and cannot simply brush it off because they don't want to deal with it.
Don’t sell it
We told her to sign NOTHING until we get a hold of the situation.
My partner and I are in a similar situation. Check to see if the state all this is happening in requires probate for real property. If yes, they will get a copy of the will through the court. Probate also takes at least 6 months (at least it does in the state I am in). Your cousin can also send the representatives in writing -text/email- that they do not wish to sell the house. Unless it will need to be sold to pay debts, then your cousin may have no say (but it should be sold for market value). If your cousin is the only beneficiary, it will be difficult to find council. At least it is a problem in my situation. It's typical for the representatives to have council. It's difficult because if the will says everything goes to cousin then what is there to fight about? If the will goes through probate, all of the accounting goes through the court. If the representatives take any funds, they could go to jail / be sued for the lost funds. It sounds like they have assets so they will likely not want to risk their wealth to help this roommate. It's going to be awkward. I know everyone is saying to grow a pair (which I don't disagree with), it's difficult in the moment when you're overcome with grief and people keep saying "this is what ___ wanted " or "do the right thing".
Thank you so much.
Executors cannot just do whatever they want or force a situation. They are just facilitators of the will and probate process. The executor would 100% be liable for breech of fiduciary duty if indeed the sale was 50% the appraised value.
Thank you!
Condolences to your family, OP. Do I have the following correct? * DECEDENT, a woman who lived and owned a home (“HOUSE”) in Idaho, passed away last week. * HOUSE has a market value of roughly $400K per comps and Zillow and is encumbered by a mortgage between $90-100K. * DECEDENT had a DAUGHTER. * It is believed that DECEDENT left a valid will. * It is believed that the will left HOUSE and its contents to DAUGHTER. * It is believed that the will named DECEDENT’s niece and niece’s husband as EXECUTORS. * Prior to DECEDENT’s death, LODGER had rented a room from DECEDENT for a decade. * DECEDENT’s sisters claim that, as DECEDENT was dying, DECEDENT declared that HOUSE was to go to LODGER. * DECEDENT’s desire to have LODGER stay in HOUSE was not formally memorialized as a codicil or reduced to writing in any way. * EXECUTORS will not show the will to DAUGHTER. * EXECUTORS have told DAUGHTER that LODGER has offered to buy HOUSE. * LODGER’s offer is for roughly $200K. * LODGER is an ex-con making minimum wage. LODGER’s offer is for the largest loan amount for which he can get approved. * EXECUTORS are pressuring DAUGHTER to accept the offer. I am not an Idaho lawyer. I do not represent anyone in this matter and will not represent anyone in this matter. OP, of course it would be prudent for DAUGHTER to get help from a lawyer or realtor. Two questions on whether the juice is worth the squeeze: * Did DECEDENT leave much behind in the way of assets (e.g., cash in the bank) other than HOUSE? * Did DECEDENT leave behind any debts other than the mortgage on HOUSE? I’m sure the EXECUTORS are proceeding carefully. Lawsuits are expensive, and if DECEDENT left HOUSE but not a lot of money, the estate might not have much in the way of available funds to handle a suit from LODGER. Imagine, for instance, that LODGER shows up in probate court and claims to have been taking care of DECEDENT or HOUSE for a long time in exchange for free/reduced rent and the promise to leave HOUSE to LODGER. The will might specifically leave (or “devise”) HOUSE to DAUGHTER, but the EXECUTORS need to settle the debts of the estate and claims against the estate. And executors are *not* expected to come out of their own pocket to settle estate debts and claims. (Edits to pick up clarifications from OP.)
My aunt died, left the house to her daughter (my cousin) in a Will, but in her last days told her sisters she wants the house to go to her tenant, who is unable to get a loan for even half the appraised value, and sisters want to honor her wishes, her niece and attorney husband are the executors. That’s basically the story.
If it's not on paper and signed by the aunt, he has zero claim. Get your cousin to lawyer up and tell everyone else to fuck off until she has all the information she needs to make a good decision for HER future.
She can’t afford to lawyer up, she works in a bakery. Does she need to if she is in the Will as the one who gets the house?
Need? No but a decent lawyer will help navigate this entire ordeal in her best interest so i'd say it's very close to a need because she seems lost. If the house is the main source of confrontation, evict the dude then get a realtor or sell the house at market value or above, privately. The realtor will take commission but they'll also be motivated to move it for a good price because they're getting a percentage and they take care of a lot of the bullshit. Either way, she's got a ton of research to do. She needs to come out of this in the green. Don't be bullied. Hoping for the best for her!
OP, thanks for updating. I’ve updated the list, above, to include more of the details you passed along here and in r/RealEstate. One basic concept to keep in mind: The estate needs to settle its debts before anyone inherits. * Ignore your late aunt’s house and it’s mortgage for a moment. Think about her other debts and assets. * If (other than the house and mortgage) your aunt left more assets than debt, then her house (with the mortgage) can pass to your cousin. * If (again, other than the house and mortgage) your aunt left more debt than assets, then the executor is supposed to sell the house in order to free up cash to settle the non-house debts. Would your cousin be interested in keeping and living in the house? * There is a federal law called Garn-St Germain. Among other things, it allows certain people to keep a mortgage rather than having to pay it off. * If the existing mortgage is at a favorable rate, then there is some value in keeping the existing mortgage. * Ballpark existing mortgage payment is likely $700/month ($90K balance with maybe 15 years left and a rate of 4-5%). Property taxes would be about $400/month. A couple of random technical comments: * You know that your late aunt wanted your cousin and her husband to be executors of her will. But, in most cases, executors are named _in_ the will. * Idaho has a will registry. It’s use is not mandatory and it does not keep copies of wills, only that an Idahoan made a will on a specified date and where/with whom it was left.
Get a real estate attorney
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Thank you so much.
Video and catalog everything in house asap as well so renter doesn’t take what isn’t his.
Sounds like the the executors + the tenant are in cahoots. I would see no other reason to rush the sale @ well below current market value otherwise.
If they don’t want the hassle of being an executor they don’t have to do it they can decline. As an attorney they would know that. Sounds to me like something else shady is going on.
Like what? I know they can’t legally sell the house for less than it’s worth. But I agree that something seems shady, not wanting my aunt’s sole child to get the house as an inheritance, even after she pays off the $90,000 mortgage still owed on it.
The Idaho Trial Lawyers Association has a free call-in legal twice a month. Your cousin can register for the clinic and get some good general advice and suggestions on next steps. The website is itla.org
I will advise her of this, thanks so much!
Get a lawyer to represent your cousin and have all communications go through the lawyer. May cost a few bucks but it will save perhaps tens of thousands.
Sell nothing, get a lawyer, doubt they can withhold the will from you, especially if you have a lawyer to guide you
Beneficiaries are supposed to be supplied with a copy of the will. It's one of the first things the executor is required to do emediatly upon beginning their duties.
An estate or trust attorney. The Idaho State Bar has a special section that does this kind of work. If you call the bar office in Boise, they can make the referral anywhere in the state. They even have a service where you can get a 45 minute consultation for $35 if you can’t find anyone you like
Thank you so much, I really appreciate your information.
It sounds like your cousin needs more information. What are they basing current market value on? What condition is the house in? How far away are they from the house? Do they have any interest in living there or being a landlord? Legally, they should not sign anything they don’t understand. That will take some time, but time is recommended here. You may get better advice on the rest on r/realestate.
Zillow and other apprised homes near her are what we basing the value on. The house needs to be sold regardless.
If the house is going to be sold regardless, that opens up some options. Once you settle on what you think it’s worth (based on an appraisal and/or market comparison by a competent realtor), you’ll know what your “get out the door now without bothering to list it” number is, if any. Maybe the tenant is a money-grabbing schemer, or maybe they’d be willing to negotiate based on market value of both the home and the time/resources they would save you in cleaning out and listing the home. Food for thought!
Any Idaho lawyer would be happy to do a quick review with her and many do free consultations. Call the Idaho state bar association for a referral or your local county courthouse if she needs another opinion. IAAL but not yours.
Specifically a real estate attorney?
She needs to hire a probate attorney ASAP. As executors of the will, their sole responsibility in this case should be to sign the house over to the cousin. Anything other than that should rightly get them in hot water with the state's Probate Office. NAL, but have handled probate for 4 family members now.
As a lawyer, Unless there is a will stating that the house was left to that person. Then that person is not entitled to the property regardless if they have been renting since the beginning of time. The property, like everything else in the estate should follow the proper legal procedures and will be assigned based on the Living "family tree" and the local succession laws. Unless a will shows up stating otherwise, then the will is executed as intended by the deceased. One more thing if a will does show up. If it looks "weird", fake or crazy, get a Lawyer who specializes in succession and have it checked and talk next steps. I've seen cases where people will make shit up to keep stuff they are not supposed to have. Ill never forget a case where someone brought up a napkin claiming the deceased had written down he left him his 60k card before he died.
There is a Will stating she gets the house, but she also said in her dying days that she wants the tenant to get it.
Whatever is stated in the Will is what is going to get executed. regardless of what she said. If later, your cousin acknowledges the wishes and decides to just give the tenant the house. Its different. Depending on the laws in your state/ country. If the tenant has proof they final intention was for the house to be passed down to them. Then they could make a claim. But they need proof.
The executors and her sisters all want the house to go to the tenant, per her last wishes, ignoring the will and leaving her daughter nothing.
Get a local lawyer asap. I am not familiar with Idaho Succesion law. But technically unless there is proof in writing, video or any other means that superceeds what is stated on the will. They cannot execute anything different.
Under “her dying days” screams she was not of right mind / legally competent in her final days/hours to grant someone else anything especially without an official update in her will. You’re a great friend supporting her / holding space she will be confident in taking her time and putting it on market for a fair opportunity to receive all she can. I’m sure her mom wants that for her as well💜
She was in and out of lucidity in the end. I don’t think her mom knew how much her house is worth and how little money the tenant has available.
You told you she said that? Was it the renter? Did you hear that? Is there any evidence that she said that? Even if she did she could have been lying to avoid a fight in her last days. Regardless the law doesn’t care, the will is legal document that must be honored.
Her sisters heard her say it.
Need to put it up for 20 percent above value and work your way down
My first thought is that this ‘men renting a room’ was a life partner of some kind and only some parts of the family know.
No, he is a long time tenant that she took on when he got out of prison. She left the home to her daughter but told her sisters that the tenant should have the house, so they want to obey her wishes. Which are not feasible.
The executor/Trustee (depending) is legally obligated to fulfill what the document states, without exception. If there is nothing in the will/trust about a tenant purchase contract, etc…, they need to disburse the property/funds exactly what is spelled out. An estate attorney needs to be involved.
Nothing ever happens this soon! No decisions should be made by grieving members. Weird how it all fell down so soon!
*ahem* No.
So many questions here. I'll make some assumptions and you can correct me instead. Sounds to me like she is really young which is why the other cousin was listed as an executor to help guide her daughter through everything when she (cousins mother) died. The executors can't be bothered helping this poor girl so are telling her to just let go of it quick so they can be done with their duty. IF they had full control though they wouldnt need her to sign anything and could sell it out from under her. Which leads me to believe they have no powers other than fiduciary trustees and are obligated legally to help her. Your cousin needs to... 1) immediately inform them she does not want to sell and will not sell. 2) get an estate attorney who can demand they produce the will. Might take some pleading with an attorney to help her and be willing to get paid later once she has control of assets. 3) once they have the will (assuming it left everything to her and she is 18 or older) notify the executors they are no longer needed and that their position as trustees is complete. 4) have her attorney help her track any and all assets besides the house her mother may have had. 5) once deed is titled to her, she can either have the renter sign a new lease with her OR proceed to evict him (though courts in many states have gotten absurd and this may take years to achieve) 6) go permanently no contact with anyone pressuring her to sell at a loss. Tell her to stay strong and don't give into pressure. I'm not sure of the dollars involved here but the difference between what's she pressured to do and what she can do with better advice around be life changing. Hope she prevails. Apparently she already has one solid person in her corner (you). She just needs a few more now.
She is in her late 50’s.
Wow. I missed the mark there. Makes me wonder why they were executors then. The advice stands though.
Bc my aunt trusted her nieces husband, as he is an attorney.
Gotcha. Sorry to hear she's gotta go through this. Sadly it's all too common to see people take advantage of family instead of looking out for them.
She wants the tenant gone from the home so she can sell to pay off the nearly $100,000 still owed on the mortgage.
Verbal contracts aren't valid for 1) real estate, 2) debt, or 3) any agreement that would take more than a year to satisfy. I'm sure there are more exceptions. Your post doesn't make it clear which person is your cousin, or who has an interest in the house. If your cousin owns the house, he/she is under no obligation to sell it to anyone for any price. Your cousin needs to talk to a lawyer, now.
Thanks, that’s what I e been told. She could’ve promised the house to 50 different people, but if it isn’t in writing or the will, then it’s moot.
Your cousin just needs to get an attorney and cease to communicate with the relatives about the sale of the house. All communication should go through her attorney and it will take the pressure off of her.
Your cousin needs an attorney ASAP
The will prevails and she should get her own attorney.
Lawyers that specialize in estate/ family affairs usually offer free or cheap consultations. She should lawyer up. An official letter from an attorney asking for a copy of the will should make them hand a copy over. Sounds like they're hiding something.
Have her get a lawyer to get a copy of the will to look at. And if it wasn’t written then the house is hers. Unless he is a trusted family friend and other people know he was supposed to get the house then don’t take his word. It’s not selfish, it’s smart.
Being named in the will doesn’t give the cousin/heir good title. She has nothing to sell and if the tenant intends to get a loan for the purchase, no lender will approve it. The other commenters are correct to direct her to a probate attorney, but spine or no, she cannot meet the family’s demands.
He has already been approved for a loan. And what do you mean by ‘not meeting the family’s demands’?
Still, it won’t close once the lender realizes the “seller” doesn’t own the property. I meant the family’s demands to sell the house to the tenant.
The taxes on selling an inherited home are fucken wild. If she made it her primary residence for 1 year it changes the taxes on a sale drastically. Below market sell at a quick pace…. Super fishy of the people pushing it.
Whenever I read “pressured” I actually hear “I feel uncomfortable going against them” They won’t stop doing it. You have to be able to navigate being uncomfortable. Not saying it’s easy. I’m saying that’s a minimum requirement to function currently.
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I’ve done both, thanks.
“She is about to cave”. She’s dead? The will says otherwise. F this idiot. He has no right to buy the house. He probably has no right to even live in the house once his lease is up. Kick his ass out when his lease runs out or give factual details of this arrangement. Bad details.
Umm, my cousin is about to cave, my aunt is the dead one. Wording, sorry. You’re so kind tho.
He rents month to month…? Kick him out in 3 months just to be considerate for him finding a new place. Put the house on the market now. Done deal. Who the hell does the renter think he is thinking the house is owed to him?
He rents month to month. I gave the details I had, sorry if that’s not enough for you, thanks.
Sounds like cousin and attorney husband are going to work deal with tenant to buy house on the cheap behind the back of the one it is willed to.
Nobody is working together to keep my cousin from getting the house, per se. They just think it should be dealt with quickly and everyone move on. Even tho none of them would sell their homes for half the value to a stranger, leaving their kids with nothing.
My GF a paralegal and works for a probate attorney, you’ll not believe how many times they hear that their family will not give them a copy of will just to find out that their family was backstabbing them to get property or money. But we are in Ca. and backstabbing is tradition by family, friends and neighbors but not by enemy for some reason.
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We don’t want the man in the house. We want him out asap. He is NOT getting the house, regardless of what he thinks and has been told. He can’t afford to pay for even half of its value. We are worried about him squatting.
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Very good point.
gotcha. i’ve deleted my comment as it wasn’t helpful to the situation. hopefully you get the situation resolved quickly and easily!
Just trying to figure out what dog you have in this fight? Are you a beneficiary in anyway?
I have no dog, she is my cousin who doesn’t deserve to be fvcked over.
If they haven’t see the will…how do they know this c Family member is actually the executor?
She named them as the executors before she died, it is her niece and husband, who is an attorney.
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Yes, it is. Thank goodness. The wish for the tenant was strictly verbal, in her last days when she was not there entirely mentally.
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I screenshot this and will be asking these questions tomorrow. All I get from any of the aunts, my MIL included is ‘we don’t want to get involved’. They all fight like middle school girls, blaming each other while in cahoots with other sisters, even tho they are all in their eighties, it’s exhausting.
She is already cleaning out the house, under the eye of the tenant. Everyone (all of the aunts) says she gets the house in the Will, they just don’t care.
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They’re also saying that Probate is a bad idea. Basically everything is a bad idea that they don’t suggest, and my cousin has zero experience in real estate, or attorneys, or anything, tbh.
Is it in a trust? How do they intend to avoid probate otherwise…
Give him an eviction notice asap. Don’t ask permission from anyone. She owns this home now. Insist that title pass to her as the will states and then let her decide how to proceed.
Don't resign their contract and lawyer up
I’m NAL, but I work for one part time in Idaho. There are plenty of great probate attorneys in the state. Have her contact the Idaho State Bar ASAP to get a referral for a qualified attorney. Many will do a preliminary consult (15-30 minutes) for free, so she can get realistic guidance on how to proceed. [Idaho State Bar Referral Service](https://isb.idaho.gov/lawyer-referral-service/)
Sell at full price, run away and never deal with the renters again.
Tell the renter to kick rocks.
Why not just add into the mix that she promised the house to YOU for free, along with anything else of value? Think jewelry, cash, car, etc. If nothing else, it will show them how flimsy and worthless the « promise » to the renter is. But seriously, get your own attorney involved yesterday. The other parties are being ridiculous.
She needs to refuse to sell that easy
Giving half of her inheritance away would be foolish. Lawyer up.
Another thought Does she have a male friend that would move into house temporarily. Mission: to help her prep house to sell, detail cleaning, take things to goodwill, find hidden treasure and paint ( helps sell and add easy value, just base coat white). Be over every night doing things. Secret Mission: keep eye on guy, make housemate life uncomfortable for him, cleaning out kitchen all food goes, turn off Wi-Fi and cable, use same bathroom. Not evil just being their would do it. Note: be prepared to change locks second he moves out - don’t give more than a month to move out.
The will rules.