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[–]snarkypantsreal estate enthusiast 20 points21 points ago*

1/3 of this property is yours. Your grandfather gave it to you in his will. Your father is instead splitting the proceeds between he and his brother 50/50.

If I were you, I would decide if you are going to stand up to your father once and for all, or never. You are 26, that's old enough to tell your father you expect a portion of the inheritance willed to you by your grandfather.

I no longer allow people to walk all over me. I would tell him no, I would also call my uncle and tell him no. I would find out the name of the real estate company, the selling agent, the buyers agent, and the title company, and I would call them all immediately to find out who i could talk to regarding disbursement of proceeds on the sale of the house. And then I would tell them that as 1/3 owner, i expect a check cut to me and me only for 1/3 of the proceeds, or no signature.

I wouldn't sign ANYTHING until i saw a copy of the closing statement AND the HUD-1 settlement statement documenting a check being cut to me only.

I'm purely speculating here, but your dad is probably going to have you sign a POA form, that allows your dad or an attorney to sign on your behalf at the closing.

[–]JoshuaLymanRE investor extraordinaire 10 points11 points ago*

Sheesh, once again snarky beats me by a couple minutes and I have to upvote.

TL;DR - Start with the title company. They already know that you need to sign or your Dad wouldn't be asking you to.

Ask them for the background - they will have already researched the heirship issues and can give you some pretty straight info as they should be a neutral party. Explain to them that you will not be signing today and that they are not to close the transaction. Explain to your Dad that you really need a bit of time to understand the circumstance and, frankly, that you're quite disappointed that he hasn't discussed this with you previously. You likely want your fair share because you want to honor your Grandfather's wishes, but you don't know if you want anything and you need more than an hour to gather data and deal with the facts and emotions. If your Dad says your you're screwing it up, tell him that you don't accept that and that he has put everybody in this position by not being up front with you.

Inheritance really fucks families up (personal experience and having bought a number of estate properties). I think it's further complicated that your Dad is your employer. It really is absolutely unconscionable that your father didn't have a discussion with you about this.

[–]snarkypantsreal estate enthusiast 2 points3 points ago

...Let me tell you about the time my dad sold my vintage convertible VW beetle and some stock shares of mine behind my back. He also sold my sisters vintage car too. She porbably had stock in stuff too. Now he denies the cars or stock ever existed. what a turd. There were countless times they would ask for my signature on things. Most of the time they literally covered the whole page so i couldn't read it, and would just tell me to sign it. I'm pretty close with my dad, but I wish he just would have been honest about their financial hardship at the time instead of blaming dementia on his ability to recall past events.

[–]JoshuaLymanRE investor extraordinaire 1 point2 points ago

So Grandmother puts Uncle (subsequently referred to as he who shall not be named) on title of family land that, without going into detail, let's say is sufficient for comfortable retirement at that point and at this point decades later people wouldn't have to work. Grandma does this as an estate planning device so that the distribution of the property amongst siblings will be easier when she passes. Subsequently, Grandma goes into home and needs money. He who shall not be named SUES her for his share of his inheritance. You caught the part where she's still alive, right?

[–]snarkypantsreal estate enthusiast 1 point2 points ago*

wait so in this scenario, your grandmother and unamed uncle are on title together though right? Either way, I love this. Let me get some popcorn and sit down.

Trusts exist for a reason. ...and I for some reason I get hot and bothered when people attempt to devise their own creative estate planning. If your grandmother would have just put the land in a trust, none of this would have happened. Not only that, but if enough years have passed had, it been a trust, the nursing home couldn't have touched it.

Now If your grandmother is on title with your uncle, i'm pretty sure the nursing home has a right to liquidate her assets so that proceeds can pay for her care. They wouldn't be entitle to 100% of the proceeds if i the end her care didn't warrant it, but yeah nursing homes can easily costs 9,000 a month.

I hope for your grandmothers sake she is put in the best home you can find. A reasonably priced home can easily cost 9,000 a month. and they can easily cost more for a more plushie one. But if her land is really worth that kind of money, the amount needed to care for her in a home probably wont put much of a dent in it.

Also, going off on a bit of a tangent, if you are able to visit your grandmother while she is in the home. Please do it. I tried to visit my grandma about 2-3 times a week. Pretty much everybody else in the entire place never got a visitor. My heart broke for all these other grammies and gramps who would creep past the room and find an excuse to linger around the doorway because they were incredibly desperate for human interaction other than the staff.

[–]JoshuaLymanRE investor extraordinaire 0 points1 point ago

Oh, sorry, this happened 20-25 years ago. Mother paid for the care while the case was being resolved. Yes, gma probably should have done a trust, but I don't think my mother actually knew about the title transfer until she went to sell the property to offset the care expense. In a humorous side note, I really mean - in the three times or so I've been able to bring it up in the last 20 years - he's called "he who shall not be named." Couple years ago I suggested that my Mom reach out to him and I wasn't sure if she was going to be able to disinherit me faster than the aneurysm took her.

BTW, yes I tried to visit gma a fair amount before she died. Unfortunately, by the time she was put in the place she really had a fair amount of dementia.

[–]snarkypantsreal estate enthusiast 1 point2 points ago

I had something weird go down in my family when i was a child.

I called my aunt one day and asked if I could come over and swim, and she told me she was busy, which was fine, but she proceed to insist she was busy on all the other days I suggested. When I finally said in exhasperation, "can I ever come over?" She said something along the lines of, "oh honey, i just don't think it will be possible, and I'm very sorry" and then I never heard from that side of the family ever again, leaving me with no extended family.

I had cousins that I absolutely adored, and apparently they didn't give two shits about me because as they grew older and became adults, none of them reached out to me, ever. Not even once.

Then my grandma died, and everybody had to be in the same church for the funeral. talk about awkward.

oh, and on the surface, it was over a lionel train set. It obviously went deeper than that, but thats what ignited it.

where is the train now? It was destroyed in a fire.

the end.

[–]JoshuaLymanRE investor extraordinaire 0 points1 point ago

oh, and on the surface, it was over a lionel train set.

All I can say is "oranges." Apparently that's why my grandma didn't talk to her sister. Sometime in the depression one went to the store and the other didn't reimburse for a bag of oranges. Clearly more to the stories than you or I will ever know.

[–]schizoBrother 1 point2 points ago

Well no wonder you assumed bad intent. FYI it turns out I was right, thankfully.

[–]JoshuaLymanRE investor extraordinaire 1 point2 points ago

Reread the OP. Couple more points:

Should I be concerned about my share of the cost of sale?

No with a caveat. Since the house has no debt I think we can reasonably assume that there will be proceeds of a sale. The costs will be deducted and the net proceeds distributed to the owners (you, Dad, Uncle). The caveat is that given the way your Dad and uncle have handled this, I'd look for and evaluate any payments to third parties.

I probably won't ask for anything, considering the role he has played,

You mean the part where he tried to snake your inheritance against your Grandfather's wishes or the part where he raised you and gave you a job? I kind of get a bit of the second part I guess.

I think the bottom line is that you really need to have a (series of) conversations with him to understand this.

[–]TrueGrey[S] 0 points1 point ago

Conclusion here

Thank you for the reply!

[–]schizoBrother 1 point2 points ago

And, how do you feel about your father?

Give me a break. Advocating disdain for one's parent; grow up.

[–]TrueGrey[S] 0 points1 point ago

Conclusion here

Thank you for the reply!

[–]schizoBrother 0 points1 point ago

Thanks for the follow up, I really appreciate you taking the time to let me know since my first impression was that your father was a good guy. How could I know? He raised you and your brother and you both love him. Simple really.

[–]TrueGrey[S] 1 point2 points ago*

No worries. Never want to be that hard drive guy!

I very much appreciated your appropriate optimism, as I didn't mean to imply anyone in my initial story was a villain.

Also upvote for ironic username... ::grin::

[–]snarkypantsreal estate enthusiast -1 points0 points ago*

disdain - 2. To consider or reject as beneath oneself

I am of the opinion that in this scenario, it appears that the father is treating the son with disdain. That is why a 26 year old has just discovered that not only was he was on the title to a house, but that the house was being sold.

Did you catch the part where OP is 26 years old? He's not a child. I had already bought and sold 2 houses by the time I was 26.

How do I feel about my father. lol. I probably have one of the coolest dads ever. There is a special place in my heart for the man who introduced me to magnavox odyssey,prodigy and compuserve, and then later nintendo and sega. But growing up he was extremely controlling. He would never pull anything like this on me now. Why? Because at some point I established the fact that I was an adult and should be treated as one.

I would love to see the look on the dad's face if OP actually said, provide me with a copy of the closing statement and hud-1 settlement statement. I want to see where all this money is going.

I would have responded differently if OP was a child.

What if this property was 1 million dollars? We really have no idea. It also could very well be a run down shack with hardly any proceeds.

The point is, the father appears to be leaving his 26 year old adult son completely out of something the grandfather intentionally willed the son into. If the grandfather didn't want the son to have an inheritance, he would not have put him on title.

[–]schizoBrother 0 points1 point ago

So, it's your mom you don't respect then?

[–]snarkypantsreal estate enthusiast 0 points1 point ago

No no, I love and respect both of my parents. They also show me respect.

I just see opportunity for OP to up his game here. Educate yourself about Wills, inheritance, real estate, how it is sold, and the paperwork that is involved, and stand up to your parent(s) and demand to be informed of where the money is going.

There are endless possibilities as to how much the house sold for and where the money is going, but since the dad has left the son in the dark he came to reddit grasping to understand what just happened.

It is also possible the father fully intends to put the money somewhere safe for the son, but again, since the father won't inform the son...

At some point a parent should recognize that their child is an adult and they should adjust the way they treat them.

[–]TrueGrey[S] 1 point2 points ago

This was an excellent post. Good logic and confusion. Just had to share...

[–]schizoBrother 0 points1 point ago

Evidently you haven't raised children into adults...

Honestly I replied to you because of the assumption of bad intent on behalf of the father with no information available on the nuances of the situation besides suspicion. Your determination and conviction expressed in your diagnosis is what warranted my admonishment. There could be a number of things going on with this situation that could be the farthest thing from some unscrupulous behavior on the father's part (after all, most fathers love their children dearly). So it was your conviction implied, purely based on conjecture and contextual framing that I took exception with.

When I read the OP's report I immediately sought out explanations that would give the benefit of doubt to the father because he's raised at least two boys into men and trust he likely has a good reason for whatever is really going on.

Your report immediately assumed ill intent based on unscrupulous behavior. Which is how I've presumed you have not raised boys to men yourself.

In any case, you very well be correct and my optimism in the human spirit may be in err. We really can't be sure without more information on the nuances of both the situation and the relationship between the two. That is why I scoffed at your conviction in the first place, because conviction based on the limited information seems unwarranted at this point.

Thank you just the same. I'm glad to hear that you love your parents.

[–]TrueGrey[S] 0 points1 point ago

Conclusion here

Thank you for the reply!

[–]reddityeah 4 points5 points ago

it does make you part-owner. That's why you have to sign the papers. Did you talk to him? Is he trying to take your money after the sale or is he giving it to you?

[–]TrueGrey[S] 0 points1 point ago

Conclusion here

Thank you for the reply!

[–]ksemel 2 points3 points ago

Rental property? Was it being rented out all this time too and there was rental income that needs investigation?

Is there anything going on with your parents or your uncle that they need the money? If someone in your family is unemployed or sick you may want to take this money that you didn't know you had and let your dad have it. Yes, it is yours but that means you can do what you want with it, even if that's to just to sign and move on.

Otherwise, just ask him what's up with this and if he's going to put your share in an account for your down payment. He's your dad, and unless he's been shady this whole time maybe it's just something he never thought about.

[–]TrueGrey[S] 0 points1 point ago

Conclusion here

Thank you for the reply!

[–]sacman 2 points3 points ago

For God's sake, don't sign anything yet.

Retain your OWN lawyer. Take all paperwork and information to that lawyer and get that lawyer's independent opinion. Then act on that opinion.

[–]TrueGrey[S] 0 points1 point ago

Conclusion here

Thank you for the reply!

[–]DTDTD 2 points3 points ago

If you are a legitimate one-third owner, the title company's attorney that is handling the sale will be giving you a check for one-third of the proceeds of the sale after realtor/attorney/etc. fees are distributed.

Unless you sign something relinquishing your interest in the property.

Try to speak to the closing attorneys, ask how the proceeds are to be disbursed.

[–]TrueGrey[S] 0 points1 point ago

Conclusion here

Thank you for the reply!

(That was exactly the kind of technical details I was looking for - thanks!)

[–]sehns 2 points3 points ago

Sounds like the OP has already signed, guys.

[–]TrueGrey[S] 0 points1 point ago

Conclusion here

Thank you for the reply!

[–]MudaMudaMuda 1 point2 points ago

It sounds like you own 1/3 of the property, you would need to check how it was recorded though.

It also sounds like you should be directing these questions towards your father, you seem to have a good relationship so have you brought up your desire to get a home and if you are getting your "fair" share of the inheritance?

[–]TrueGrey[S] 0 points1 point ago

Somewhat. I'll figure out the personal aspects with him - in discussion now, but always like to ge an objective set of opinions as well, especial when so much capital is on the line.

Plus, knowing my legal options helps. Thanks for the reply and info!

[–]hamaar 0 points1 point ago

I agree don't over complicate things with a whole bunch of redditor thoughts. Just ask your dad and if what he says doesn't sound right or you feel like he is leaving something out come back to us and we will help the best we can.

[–]TrueGrey[S] 4 points5 points ago

Oh - that step happened. I talked to him, and he implies that he was keeping all the proceeds of the sale. I asked and he replied with a phrase including "technically" and "tax reasons."

For the first time in a quarter of a century, surprise parties aside, my dad sounded shifty. Mind-boggling to me, hence the request. Plus, he's In a rush about it, trying to get me to sign in the next hour. Used car flashbacks. As out of character as humanly possible for this general pinnacle of morality.

[–]Penguin_Schlauger 2 points3 points ago

haha... man don't sign it until you check it out. Any father who would try to take advantage of his son like that.....

Even if in the will and title it says that your father is the sole beneficiary if he cares about you he should at least take time to teach you, and share with you WHY and HOW it is this way. Instead of telling you to sign it and not to worry. IMO he is trying to scam you out of potentially tens of thousands of dollars...

No worries though.. I think my dad would try to do it too haha

[–]hamaar 1 point2 points ago

in Utah the real estate purchase contract and listing agreement would be void if it does not have all owners signatures on it. If you are feeling rushed do not sign as a partial owner you have the right to do your own research. Good luck

[–]snarkypantsreal estate enthusiast 0 points1 point ago

This is true in our state as well.

[–]TrueGrey[S] 1 point2 points ago

Conclusion here

Thank you for the reply!

[–]mlemon 0 points1 point ago

When someone dies and there are dollars/possessions to be split up, you'll see an ugly side of some of your relatives you never knew existed. I've seen it a hundred times.

Your grandpa died, and your dad has momentarily become a greedy shit. Accept it as a life-lesson and love your dad for all the good things he's done. And remind yourself not to be a greedy shit to your family when your dad goes.

[–]TrueGrey[S] 0 points1 point ago

Conclusion here

Thank you for the reply!

(Your theory was exactly what the darker side of me was worried about, so thanks for validating my suspicions! Glad it didn't turn out that way though.)

[–]rarrar 0 points1 point ago

Do not sign!

If you haven't already. Your father is trying to take what is yours. If you are feeling that charitable, do it. Who knows why...financial problems, expensive vices, anything. All you have to do is read Estate Law cases to find out how all those issues mess with people's relationships, sense of interpersonal morals, etc. If he's otherwise a good guy, he's just been caught up in it, don't hold it against him.

But don't get taken advantage of either. Stand up for what is yours. If you sign, there's a 99% chance that nothing will be yours.

Although duress voids contracts, I'm pretty sure.

My advice - don't sign. If you do, write up your own contract, don't use what you're given.

[–]TrueGrey[S] 0 points1 point ago

Conclusion here

Thank you for the reply!

[–]TrueGrey[S] 0 points1 point ago

Conclusion here

Thank you for the reply!

[–]TrueGrey[S] 0 points1 point ago

Conclusion here

Thank you for the reply!

[–]chef_baboon 1 point2 points ago

You are legally 1/3 owner (from what you've said). Look up the property on the county property appraiser's website to get the ownership and tax info. Keep in mind though that you haven't been contributing to the taxes+maintenance when you negotiate with your family. I would back-track and remove your burden of the CAM from your selling stake to be fair.

[–]TrueGrey[S] 0 points1 point ago

Conclusion here

Thank you for the reply!