My parent's gifted me their house 7 year's ago! My died 18 month's ago my mother last month! My brothers think it's unfair that my parent's gifted their house to me only! Can they challenge me for a share of the house, they wont let this go
Sinead, there are a few more issues that need clarification:
1. Did you or your parents record the deed after it was executed, and was it a Quit Claim Deed or Warranty Deed? Was the property subject to any liens? To a mortgage? If there was a mortgage, did you make payments on it, and pay the property taxes and HO insurance as well?
2. Did either or both of your parents have Wills, and if so, was the house identified as an asset? If so, what was the distribution, and who was named as heirs?
3. Were you in fact your parents' caregiver? If so, as CWillie writes, do you have documentation of what you did and spent for them? It's probably a bit late to recreate those records if you don't already have them but you might have to try.
There is an assumption in some of the answers that you were their caregiver but I didn't read any support of that from you.
4. What other grounds would your brothers have for challenging this bequest? You're going to have to spend some time on this if you really want to put the issue in perspective. You need to realistically and rationally determine what their motives and goals are, and whether or not anything has occurred over this period to justify their position that they're entitled to a portion of the house.
You need to frankly assess what grounds they might have in the event that they do sue. And thus far that information hasn't been provided.
As Jeanne notes, there are several years between the time of the bequest and now, and there's a lot that could have happened about which we know nothing. Those intervening years might shield events that could give them grounds, or not. We have no way of knowing that.
Your profile states only that you're caring for your mother, who you've indicated is deceased.
They were fit and well when they gifted their house to me seven years ago. There was health complication with both of my parents only in the last 2 years of their passing, I cared for both of them right through to the end.
Sinead, if your parents were fit and well, then no one was doing full-time caregiving, is that right? If yes, I can understand the siblings being upset.
Thanks you all for your kind advice, yes my parents did transfer and title their home to my Name. They were both fit and well when they gifted their house to me
Get a lawyer. If you didn't transfer title to your name 7 years ago, and there is a will that says any remaining assets are to be split, a lawsuit could be trouble. The money will be well spent. and yes, people do feel that they are "entitled" to a parent's assets, even if they provided no care.
Can they challenge you? Yes...because in the U.S. you can sue anyone for anything...my friend a defense attorney used to say you could sue a ham sandwich in the U.S. courts if you wanted to.
I highly doubt they would fine a good lawyer to take this case...and they would never win.
You've owned the house for seven years? Was the title transferred to you at that time? Were your parents competent to make decisions at that time?
It may have been perfectly justified that your parents gave the house to you, or it may have been extremely unfair. Either way, it was their house and they were entitled to do with it as they saw fit. There is no law requiring parents to be "fair," which is a good thing, since not all children would agree on what is fair!
Can they challenge you? As cwillie says, they may be able to find a lawyer. I think it highly unlikely they'd win, though.
It sounds as though they were unaware of this transfer until mom died and are looking for their share of the estate? I assume you were their full time caregiver? You might want to write up a cost analysis of all the money you saved your parents over the years by being their caregiver, but I doubt they will see reason when they are concerned with $$. It seems that people can find a lawyer who will sue for almost anything if they are determined enough. Make sure your legal ducks are in a row and if it comes to that, make sure they have to pay all court costs when they lose. Sorry your family is like that :(
1. Did you or your parents record the deed after it was executed, and was it a Quit Claim Deed or Warranty Deed? Was the property subject to any liens? To a mortgage? If there was a mortgage, did you make payments on it, and pay the property taxes and HO insurance as well?
2. Did either or both of your parents have Wills, and if so, was the house identified as an asset? If so, what was the distribution, and who was named as heirs?
3. Were you in fact your parents' caregiver? If so, as CWillie writes, do you have documentation of what you did and spent for them? It's probably a bit late to recreate those records if you don't already have them but you might have to try.
There is an assumption in some of the answers that you were their caregiver but I didn't read any support of that from you.
4. What other grounds would your brothers have for challenging this bequest? You're going to have to spend some time on this if you really want to put the issue in perspective. You need to realistically and rationally determine what their motives and goals are, and whether or not anything has occurred over this period to justify their position that they're entitled to a portion of the house.
You need to frankly assess what grounds they might have in the event that they do sue. And thus far that information hasn't been provided.
As Jeanne notes, there are several years between the time of the bequest and now, and there's a lot that could have happened about which we know nothing. Those intervening years might shield events that could give them grounds, or not. We have no way of knowing that.
Your profile states only that you're caring for your mother, who you've indicated is deceased.
I highly doubt they would fine a good lawyer to take this case...and they would never win.
Angel
It may have been perfectly justified that your parents gave the house to you, or it may have been extremely unfair. Either way, it was their house and they were entitled to do with it as they saw fit. There is no law requiring parents to be "fair," which is a good thing, since not all children would agree on what is fair!
Can they challenge you? As cwillie says, they may be able to find a lawyer. I think it highly unlikely they'd win, though.