wtf There’s a big difference (obviously!) between calling someone a liar and refraining from saying things that presuppose the truth of their story.
You yourself did the latter–you said it’s “noble” for the OP to try to fulfill her mothers’ wishes. But we have no idea whether this is noble or not. It depends on what her mother wanted and the context within which she wanted it. And it’s moreover totally irrelevant to what the factual answer to her GQ question is.
I may have been harsh, but you posted a thread asking for advice, and there is advice in there, and I stand by it.
You may instead choose to spend your time and money being pissed off and vindictive. Enjoy.
So basically you did your job properly as a good executor - you tried to sell, got no offers, decided to wait out the market.
Your sister is tired of waiting. She’d rather have $40,000 now than $100,000 at some date which now look to be a decade or more in the future. Falls under the category “cut your losses”.
So sell; possibly at auction (talk to a lawyer, see what the rules are). All fair and above board. Worst case, buy it back at auction. My guess is a forced hurried sale means an even lower price and you won’t get $120,000.
Take comfort in the knowledge that you managed to wait her out 5 years and also managed to screw her out of at least $60,000 which is 600,000 thin dimes. You’ve done as much as you legally can to carry out your mother’s wishes, with no help from her. Suck it up and move on.
As I understand, even if the mother had told everyone who would listen everything she wanted, without a written will it counts for nothing. All it would do is make the other sister that much more self-satisfied when she finally cashes the cheque.
I wonder what all you people recommending a lawyer believe a lawyer could do? Hop in the time machine and change the facts and put on a different case?
Didn’t you read the OP? Probate closed five years ago. The sister won on summary judgment (probably for ejectment). That’s as close to a slam dunk as you’re going get.
Now, dealing with pro se parties from time to time, I know a lot of lay people think if you go to a hearing and tell the judge you really disagree with the decision and would really like a different outcome, that somehow the judge is going to decide not to follow the law. But alas, it’s a pipe dream.
There’s nothing to be done. The only reasonable advice is to proceed to the judicial sale with all deliberate speed.
I don’t think the people recommending a lawyer expect that it will gain the OP anything legally.
The idea is, she will be sitting down with someone who knows the law, who can see the relevant documents and ask her for any needed details, and then tell her – right there, face to face, over and over if necessary – that the matter has been decided, there is nothing to be done, and trying out any revenge fantasies will only hurt you.
I don’t think it was considered a loan at all. I wasn’t privy to all the details, and heard only one half of the story in any case.
But as I understood it, the caregiver had certain rights as having lived there for more than a stated number of years. At the time I was equating it to squatter’s rights, but I’m not sure if that was stated or just what was floating around my brain for it to attach to.
So, rather than force the eviction and sale of the property, the judge declared that the resident owed the cousin the amount of the share at fair market value, and then the resident provided income information and the judge set a monthly payment.
I don’t think all of this happened in the same hearing; but I also don’t think it was a settlement they reached, I think the judge decided how it would be.
He was just trying to insert some humor into a deadly dull thread.
Move on. Perhaps you need to hire a lawyer to point out to you that it is, indeed, time to move on.
Infect her husband with an STD.
Hang on, maybe I’m not understanding here, but haven’t you ALL lost a lot of money?
So you are taking a delight that she is getting a 1/3rd share in 120K instead of a 1/3rd share in 300K, but you’ve taken the same loss she did, right?
Well, I guess that showed her. You really got the last laugh there, huh.
This is the problem. She has to sell. How she sells, how fast and what price will possibly cause even more problems. Better have a lawyer advise her.
If she tick off the judge any further, he may hit her up for extra damages or fine her for obstruction and contempt. If she tells the real estate agent to lowball or stall, she will also get in trouble, and I have trouble imagining her with the level of restraint required. Now that she’s been ordered to sell, all she can do is either get legal advice on how to proceed, or take the house to an agent and say “you MUST sell this in X months” and say no more.
If this is about revenge on both sides, I’m sure daddy dearest’s lawyer is watching for every opportunity to turn the screws. Proceed with caution or advice.
Wait, I’m confused. RR what exactly does the summary judgement order?
Well, I realize this isn’t particularly spiteful or vengeful, but couldn’t the OP just get a mortage for $40K, hand it over to sis and stay where she is? (Assuming she’s living in the house).
I mean, I realize that’s a bitch, but at least then she still has an appreciating asset, sister will be out of her hair, and eventually when the house increases in value (which I’m sure it will at some point) to $300K (or whatever) she can send sis an e-mail and say ‘Suck it bitch, I just sold the place for $300K and you don’t get shit, enjoy your pittance’.
I think that’s how I would play it, personally. Revenge is a dish best served cold and all that.
A lawyer will help her screw her sister if he/she can. A lawyer would usually suggest that she get it over with and lose less money. But if she says she wants to fight it out, the lawyer could advise her of any way that she could pursue a different outcome. Trouble is, it will probably cost her more money than she is keeping out of the hands of her sister. All based on the promise of a haunting from a senile woman. After death her senses may have been restored and she wouldn’t want her daughter to waste money on the matter. So maybe she just needs to contact a psychic first to clear that up.
Well, fine. Then I’m not going to tell OP about my brilliant plan to burn the house down and fake her own death. :mad:
But of course, lawyers will not advise or assist in doing anything unethical. 
If there is no way to fight or delay this judgment, he will tell her so. If there are appeals or loopholes possible that are not just a way to piss off the judge, he can tell her. Basically, a summary judgement saying “you’ve had 5 years to sell the house and the market’s not getting any better so SELL NOW” does not have a lot of wiggle room or appeal options. (but IANAL) Pissing off the judge may get the other sister appointed executor, with all the potential for bailiffs tossing her goods and butt on the sidewalk*, and no control over the sale.
Of course IANAL, but she needs to get professional advice if she wants to know what she should and can do. Or march right down to the real estate office and tell them “Sell! Now!”
If she plans to stay and buy out her sisters’ shares, she better get professional advice - so it does not look to the judge like she lowballed the assessment then pulled a fast one on her sisters and the court. You can bet the sister’s lawyer will lgo over the transactions with a fine-toothed comb.
*Are the furniture and other contents also part of the estate? If not, prove it or they stay in the house while she ends up on the sidewalk.
Five years ago the housing market was still healthy. At the risk of invoking rebeccas rage*, I don’t think she’s telling the entire story.
*Not that I care - she seems to have plenty to spare.
I don’t agree. It was in the toilet when Mother died, which is why I began renting her house instead of selling it.
Fair enough. I suppose it varies by region.
The Algonquin Round Table tried to join the SDMB…but we turned them down.