Hello, this is for a good friend of mine. Her Father-in-law had purchased a house in Richardson for them to buy from him by paying a monthly payment + Insurance costs. Nothing is in writing, but the Brother of the Husband is the Exectutor and is aware of the arrangement.

Father-in-law passed away a few weeks ago, left behind his wife (stepmother of the husband) and their two adopted children who he had sent to Ivy League schools a number of years ago. They want to kick friend and husband out and sell the house since it has appreciated approx $250k in 9 years, and is valued around $350k - $400k.

My friend and her husband continue to have poor credit, originally from taking time off to care for her son who passed away 10-12 years ago. They just have never gotten above water.

The Brother will back the claim that the house was being sold (I am unclear what the term of the Seller-Financed sale is). The stepmother knew but is now siding with the adopted children.

1) any advice?

2) what type of attorney would one contact to get assistance? Would it be a Probate Attorney or Real Estate Attorney, or somebody with experience in both?

Definitely an estate issue at this point; you may have to contest the Estate if there are going to be issues with the rest of the heirs. The executor is going to have the power to make such decisions (i.e. sell or no sell). Too bad there is nothing in writing.

I have good friend who is an estate attorney who is focused on contested estates and related litigation. There are some royal messes out there that take years and tons of fees to settle. The best is the guy out in West Texas who owned $ignificant oil and & gas interests; marries three times, has kids by wives one and two. Third wife (no kids by her) was a money grubber who made it her business to make sure the "final" will was to her liking. Crap is flying everywhere between these parties. To complicate matters, a circuit probate judge only shows up in this particular west Texas county on Tuesday afternoons.

HomeFinderCody said:

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What a mess.

"Nothing in writing" almost always leads to chaos.

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yes, and very much so in this case!

Yesterday said:

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If the brother knows and is the executor why doesn't he just keep the arrangement as is? And definitely get it in writing and notarized!

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I have asked this question and not heard back just yet. Seems that it is much better to play defense than offense since the Husband's Brother is the Executor and has the correct understanding of the agreement. At the end of the day, with nothing in writing it will be his word against the stepmom and adopted children.

appreciate the advice!

MW03 said:

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I am guessing Brother is a blood relative to Husband, and that both are stepsons to Wife. Given that Brother is the executor (and the passing was only a short time ago), I am guessing that Father had a will that named Brother as executor.

If so, I would anticipate Wife and Adopted Siblings to contest the estate and this to get ugly. Consult a probate attorney ASAP.

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correct, the Brother is full blood relative to the Husband, and stepsons. I am encouraging them to find a probate attorney. Not sure they have the money to do the contesting with, but perhaps they can give up equity in the home to pay for his/her work.

2wealfth Man said:

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I have good friend who is an estate attorney who is focused on contested estates and related litigation. There are some royal messes out there that take years and tons of fees to settle. The best is the guy out in West Texas who owned $ignificant oil and & gas interests; marries three times, has kids by wives one and two. Third wife (no kids by her) was a money grubber who made it her business to make sure the "final" will was to her liking. Crap is flying everywhere between these parties. To complicate matters, a circuit probate judge only shows up in this particular west Texas county on Tuesday afternoons.

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is that the saga on TA here? I've read some of that off and on--so many twists and turns based on greedy/needy family...

Yesterday said:

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If the brother knows and is the executor why doesn't he just keep the arrangement as is? And definitely get it in writing and notarized!

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Because if he doesn't do what the will says he can be sued and held personally liable by the other beneficiaries

permabull said:

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Yesterday said:

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If the brother knows and is the executor why doesn't he just keep the arrangement as is? And definitely get it in writing and notarized!

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Because if he doesn't do what the will says he can be sued and held personally liable by the other beneficiaries

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Got it.

permabull said:

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Yesterday said:

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If the brother knows and is the executor why doesn't he just keep the arrangement as is? And definitely get it in writing and notarized!

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Because if he doesn't do what the will says he can be sued and held personally liable by the other beneficiaries

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Thanks--puts the Brother in a really difficult spot. Should the Husband sue the estate somehow to protect the brother from liability?