Need some good advice

@Joslyn77 (374)
United States
April 16, 2007 2:34am CST
My dad past away three years ago and when he did he left a will of course. It stated that me and my sister are to split everything he owned in half including his home. She has come through on everything,but his house. I have tried asking a few times about this subject matter and she tells me she wiil and sorry for being so slow about taking care of it. The house has been paid off and by the way she owns a home of her own still and I am not sure what she has done with it because she has been living in our dad's home for over a year now. I have also asked her several times about her home she ownes whether or not she has sold it or is renting it out. I really don't care I just want to be bought out of my dad's home. What should I do? I don't want to start any family "wars" over this eighter and I do find her rather intimdating. She is four years older than me. Help please!!
9 people like this
13 responses
• Canada
16 Apr 07
Honestly, if your sister is not giving you any satisfactory answers, I would hire a lawyer. If it states in your fathers will that the house is to be split, then to me, that means that it has to be sold and the proceeds split between you. If she is not doing this, then she is violating the terms of the will. Give her a chance to explain, sit down with her and talk to her, and tell her that if she doesn't start to move towards sorting the situation, that you're going to hire a lawyer and MAKE her move. I get the strangest feeling that she thinks that she can just live in your fathers home with little regard as to the terms of the will, and I think she knows that you don't want to push the matter. No matter which way you go with this, it may start a family war, and you have to face up to that fact. You may find her intimidating but a lawyer won't, and they can handle everything for you. Good Luck!
@Joslyn77 (374)
• United States
21 Apr 07
Thanks for your response. I did write her a letter and I hope to get a possitive response from it. There is one other small factor in this whole mess. We also have a brother in which my dad left nothing for him. He is mentally challenge and all he stated in his will is that his beloved daughters will take care of his beloved son. I have a family with 3 kids and she's not married and takes care of him. I just wonder if she thinks because she takes care of him,she doen't need to buy me out? Just a thought.
1 person likes this
@austere (2812)
• Philippines
19 Apr 07
i think you need to talk things out with your sister. and try to see a lawyer to talk and sicuss on the legalities of the situation. how things should be done and stuffs like that. i understand the feeling of being intimidated since that sibling of yours is older, but you see you should not let that bother you now. you need to fight your right out or else your sister will end up owning your father's estate. hope i dont sound like a bad adviser. you should still respect that older sister and treat her the respect that is due to her but never let her step on your right. and explain to her how you feel about her, maybe she feels that you are being aloof or something that she didnt notice that you feel intimidated by her.:) good luck to you dear friend! i wish everything will turn out fine between you and your sister. whatever will happen, always remember, no matter what she will always be your sister! older sister that is.
@Joslyn77 (374)
• United States
21 Apr 07
Thanks for your response. I other part of this puzzle is that me and my parents had a falling out and I actually was out of ther lives for almost 11 years and I guess that is why I have not pressed the issue too hard. I do love my sister and I don't want to lose her. My children also love their aunt and I would feel horrible if I did something to harm that relationship! I have written her a letter and I hope to get a possitive response from her. I will keep all informed on what happens.
@Thoroughrob (11742)
• United States
16 Apr 07
I would literally tell her that I either want her to get things done or buy me out now. If not she will owe you rent for all the months she has been there. It is not like you haven't been patient and it is evident that she is taking advantage of you. You may have to go back to court and get it inforced. It is sad, but she has done this.
@Joslyn77 (374)
• United States
21 Apr 07
Thanks for your response. Your right,it is sad that she has done this and it's coming to extrem action.
@mansha (6298)
• India
16 Apr 07
I think you should first contact her and tell her that you think you know a lawyer who can settle the matter between two of you. May be say you met him somewhere and he foffered to help and youaccepted and you are coming to see her and settle the matter once for all and visit her with the lawyer and ask her to buy you out as youa re not intersted. Property matters hsould be clear cut and firmly dealt with. No need to feel intimidated by her. You can give her some time frame to buy you out and make it clear to her. You are grown up yourself so so not feel obligated and settle the matter like a grown up person calmly and firmly. this will make her intentions clear too.
1 person likes this
@Trace86 (5030)
• United States
16 Apr 07
Do you or your husband know any lawyers? Anyone you could call to find out your rights? Maybe play the strapped for cash card? Hey sis, I was wondering what was happening with Dad's house. I really need my half the cash. The kids need braces, my car needs new tires, we got slammed with owing taxes and I just really need to know when you are going to give me what you owe me. If that doesn't work, you may have to get a lawyer and start some proceedings to get your share of what is rightfully yours.
@Joslyn77 (374)
• United States
21 Apr 07
Thank you for your response. Yes,I will be getting a lawyer if she does not respond well to my letter.
1 person likes this
@Bee1955 (3882)
• United States
17 Apr 07
Go to the lawyer (if possible) who drew up the Will or another estate lawyer and ask him /her to send her a legal letter requesting her assistance in buying you out within 60 days. Perhaps she is depressed in giving up the house and is procratinating. The letter should wake her up.
1 person likes this
@jmp824 (741)
• Philippines
17 Apr 07
A subject or a situation that breaks relationships. You need to talk things over with a presence of a lawyer. I guess your dad had lawyer when he made his last will. In that case, you make sure that the both you and your sister have a copy of that will/testament.
@mkup30 (494)
• United States
17 Apr 07
I think you should really talk to her and find out why she is stalling. Getting a lawyer may be a solution but may start family wars so I would do that as a LAST resort. Try to show her you are serious, you love her, but you need to look out for yourself too. You have your own life to live and this situation she is putting you in is NOT fair at all. Well I's like to wish you good luck.
@vanities (11395)
• Davao, Philippines
17 Apr 07
it is true it is not good to have troubles with a family especially its your sister we are talking about..i think you must be patient enough to wait on her yet..and lets see what happen of her promises of when she going to take care of it..
16 Apr 07
I would suggest you arrange a sit down meeting with your sister and have a long talk about the situation. Perhaps she feels that she doesn't want to let go, the house holds a lot of memories and she might feel that she would rather stay there. I would be inclined to ask her outright exactly what she intends to do, and point out that you need closure on the matter. If you feel intimidated, try writing her a letter, set out your feelings in a calm and sensible manner, and see if she responds positively. Good luck
@Joslyn77 (374)
• United States
21 Apr 07
Thanks for the responese. I have written a letter and now I've just got to mail it. I'll keep all posted. Thanks again.
@gemini1960 (1161)
• Philippines
17 Apr 07
try consulting a lawyer to make it all in legal ways in that way your sister will be force to act on the house thing..
@Gemmygirl1 (2867)
• Australia
4 May 07
You need to find yourself a good lawyer - i'm sorry but i'm sure she knows she intimidates you & this is why she's not doing anything about it. Show the lawyer the will & if it comes down to it, she will probably need to sel her own home so she can give you half the value of your Dad's home - since she lives there anyway. You have every right to half the value of the house & without a lawyer, you wont get it. Unfortunately, because of the way your sister is towards you & not happily buying you out, she probably wont do anything unless you get rough & show her you mean business. I wish you well with this but you really need to get professional advise at least or you'll be without the money forever coz i doubt she'll just happily hand it over!
• India
17 Apr 07
At first you should sit for a discussin with your sister. A discussin can solve many a problem. You should ask her what she wants and for how long she will be staying in your dad's home. As your dad has given your sisiter everything equally, in that case you can not legally ask her to leaveve her protion. Just tell her about your problem and wait for her response.