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My dad transfered the deed to his property (retaining life estate) to my 3 siblings and myself almost a year ago. Now, because my sisters do not want to deal with capital gains taxes, property taxes and responsibility for his medical care while waiting for the time limit to expire on the medicaid restrictions ( which they thought they could get around when this was done), they (my siblings) want to transfer the deed back out of our names to my dad (for him to sell) or for us to sell. This property was purchased for my mom and I to live in when I was 3 (the siblings were 23yrs & >), my parents split but I was raised at the property throughout my life. My dad had always said the property would be mine after he was gone, and the property has been my permanent residence since 2002 (I'm a traveling nurse and only reside on the property when not on assignment - last was from 11/2004-4/2006) Now this has happened while I was gone. I don't have anything legal that states the property was to be mine exclusively. But, do I have any rights besides joint property ownership with my siblings, and can they make me sell the property in whole or my share since they are only wanting the money from the property, or can they make me transfer it back to my dad? This is in Ohio.Last edited by shultz71 : 04-17-2007 at 11:36 PM. Reason: forgot info |
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You state, "My dad had always said the property would be mine after he was gone". If that was the case, why did your father give your siblings an interest in the property in the first place? Clearly he wanted it to belong to all of you, and common sense would tell you that obviously, grown adult siblings with their own respective lives cannot live in the house together. It seems as though he wanted it sold and the proceeds to go to all of you equally. How else would you share in the interest of a house equally unless it was sold? Your perception appears to be the house was "mine mine mine". Yet, to all of the other people in the equation, a very different intention is apparent.
Another obvious question--is there a reason "DAD" cannot be asked what he intended? You group "capital gains taxes and property taxes" and "Dads medical care" together--are the two relevant? I can see your siblings not wanting to assume the extra tax burden, but what does caring for your father have to do with them assuming an added tax burden? You indicate that the house has a sentimental value to it to you that it does not have to you siblings since you lived there since you were a child. If your father wants you to have equal share in the property, it seems fair for you to purchase their interest in the property, so they have what they want ( the money ) and you have what you want---a house you partially inherited and a house you partially bought. You feel entitled to the house--and I understand why. But your siblings probably feel just as entitled to the interest in the property as do you. A simple phone call to a local attorney could help you greatly. Most give free initial consultations and they can let you know immediately if they can help you or not. If it means that much to you, I'd go that route right off the bat. Good luck. |
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In answer to your questions, no, you have an equal 1/4th interest in the property if the warranty deed or other legal device was properly recorded; no one can "make" you sell or transfer the property unless you're willing to relinquish your ownership. Interesting thought: if all of the other parties (except you) deeded the property back to your father, only you and your father would have legal ownership. Based on what you've posted, isn't that what he intended with his original promise?
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