The drama of my MIL’s estate continues. Today we received an email from “our” (Hub’s and good SIL) attorney. In essence, it said that the ball is now in the hands of the attorney for the nasty SIL. It also noted that nasty SIL had replied to her attorney, who now needs to discuss the division of assets. Hmm, from what we’ve read in the trust, the division isn’t up to any one person. If the siblings can’t reach an agreement, they are to take turns choosing items. But it gets better…
Our attorney wanted to know about the clause regarding settling the estate in five months. He said he couldn’t locate it and asked us to point it out to him. Seriously? During our initial appointment, our attorney discussed the five-month timeline. The attorney even said that if nasty SIL didn’t comply, it could/would go to court. Per the attorney, in most cases, the Trustee is given an additional sixty days to comply before it goes to the next in line.
Hubs had me re-read the trust (long and tedious!) and send the clause in question over to our attorney. Yes, it is in there. I also read over the agreement with the attorney. Low and behold, it included reviewing all documents – yet the attorney couldn’t find the clause. Ugh! Good SIL struggles with technology; otherwise, she would have handled it. So, now once again, we wait.
Yesterday I paid our third of the taxes for MIL’s house. Can we afford it? Yes. Do we want to? No. I know that good SIL and her DH feel the same way. It feels pointless to be paying on a house we won’t use. The only way the house can be sold is for all three siblings to agree. The only way the nasty SIL will agree is for us (well, Hubs and the good SIL) to sell it to her for a steal. Oh, the interested potential buyer did indeed make an offer. And, it is higher than what the nasty SIL offered us.
Oh goodness! That’s what you are paying the lawyer to do – READ the trust! Is nasty SIL the type that will/can just sit on the house and not agree to sell it?
Exactly! We shouldn’t have had to provide him with this info. Aside from having copies of everything, he should know what’s in it or look it up if he wasn’t sure.
Nasty SIL can easily afford to sit on the house and not sell. I could see her doing so out of spite—such a hateful person.
Unbelievable! Someone needs to remind Ms. Nasty that the housing market is insane right now and NOBODY is getting a deal! I would present the offer you received to her and say “if you can match or beat this price, it’s yours!” Otherwise – take the offer & split the money. What a drama queen.
It has been horrible dealing with this nasty SIL. Drama Queen is correct. We are 99.9% she wants to flip the house. Fine, we can do it all together. Nope, she is far too greedy. The problem with the quitclaim deed is that all siblings need to agree. My MIL did us no favors willing the house to her children this way.
If ylu & good SIL pay 2/3 of the property taxes & wicked SIL doesn’t pay at all, then you 2 should be reimbursed WITH COURT RATES OF INTEREST, upon closing, from her share of net proceeds. Then have your attorney also charge her for all costs & fees above usual ones, due to her delays?? ALTERNATIVELY, if you have a written bid from a buyer & she refuses to cooperate within the 60 days, could she be deemed to owe consent or LOSE HER SHARE for non cooperation??
If there is no way to overcome her passive aggressive stance, then keeping track of all the extra costs & deduct them
from your share of capital gains, in addition to the costs specified in the escrow.
2) You might also ask your tax acct next year if you could send her a 1099 for her gains due to her delay in handing over your inheritance??
(Constructive receipt of additional “ghost income to the nasty SIL)??
Meanwhile, I hope you & good SIL keep your health & blood pressure…
Illegitimati non corobundum!!
Nasty SIL is paying her third of taxes and the homeowner’s insurance. The trouble with the quitclaim deed is that all have to agree. Even if we were to get a billion-dollar offer (no chance, the house isn’t worth anything near that amount!), it can’t be sold if one sibling disagrees.
We are tracking everything. The trust (which is separate from the house) clearly allows us to request an accounting of all of MIL’s finances. And believe me, we intend to request this information before we agree to any settlement. My father had a saying about people like nasty SIL ~ If she is an example of a Christian, he wouldn’t want to be one.
llegitimati non corobundum!! You got that right! I know my father, who taught Latin, would get a chuckle if he were to read that!