All Forum Posts by: Dorothy Taylor

I actually filed a partition suit (or forced sale) in Jan 08, and we just had the motion to compel hearing May 2, at which the judge refused to hear anything both attorneys had to say as he wanted to go on vacation and had another 'big case'. So he set an evidenciary hearing for June 24, 6 weeks from now! :( People look at the house every weekend, and we have 4 serious offers on the table currently with earnest money. It's a bidding war of sorts going on. My Sister did move out about 2 months ago, finally, taking her dogs, cats and hubby with her in her RV. When you say a judgement attached to the closing documents, do you mean what I am doing, as in the partition suit I have already filed? My attorney says that at the court hearing in June, the judge will either order it sold to the highest offer we have on the table at that time, or order it sold at a courthouse steps auction within 30 days, with bidding to START at the highest offer we have at that time. I know he will not give my big Sister 'more time to come up with the money to buy my half out' since she has had 4 long years to do so, and hasn't been able to.

That attorney who says to leave cash is right, but it's a difficult thing to do in certain circumstances. My Mother had the choice to liquidate the house and move into a retirement home, but we didn't want her to. I am glad she had a good quality of life until the end by remaining in her home.

Thank you so much for your help in advance ~
Sincerely,
Dorothy
:)

BTW, as a side note, long ago I heard from an attorney that one of the worst things you can do is to leave UNDIVIDED INTERESTS in anything other than money to your heirs. This is the main reason he said that.

all cash

Hi BMR:
The attorney will at minimum cost me $5000.00 for the partition suit I filed in Jan 08. But it's money well-spent if I can save our inheritance (i.e. our childhood home). It's a significant amount of money - the home is an elegant one in a very prestigious area of town, where houses go for 500K and up. Of course with the damage that my big Sister has done willingly to the property, that amount if reduced by about 180K, so we're still talking about my 1/2 interest in the property being about 160K I would guess. My sweet Mother wanted to stay in her home because she felt safe there, and I don't blame her. I am glad she stayed. I realize it is better to leave cash to heirs, but sometimes it just isn't practical. She did the best she knew how. She loved us and felt she was preserving something worthwhile for us - which she was - until my big Sister got hold of it! I know this will come to a resolution, I just hope soon. No, it definitely is worth it to me to make sure I get what my Mother intended to leave me, and for my big Sister to do the same, equally, in fair shares to us both. That is all I have ever wanted. The problem began when my big Sister wanted to 'buy me out', and couldn't come up with the money to do so in the 4 years since our Mother's passing. I believe that my big Sister realized she just couldn't afford the house, so she began to ruin it purposefully (I know this sounds crazy - but you don't know my big Sister!!!!!) to downgrade and trash it with her dogs and cats and herself and her hubby so that she would be able to afford it. She would not lose it, I don't think, if she bought me out - as it's fully paid off (my parents bought it in 1961, it was built as a wedding present for the first owner's wife in 1913), so there is no mortgage. All she would have to pay is the utilities, insurance, pest control, taxes, and maintenance costs.

Do you really think my attorney is not working in my best interest? What exactly (from what I told you) makes you think that? Thanks in advance ~
Dorothy
:)
PS I sooo appreciate your input!!!!!

Hi :D
I live in San Diego, but I am back in my hometown of Memphis, Tennessee now involved in a partition suit I filed against my big Sister on 1/23/08, because we co-inherited our childhood house from our Mother who passed away in 12/2003. My Sister has said she was going to buy out my 1/2 ever since then, but has failed to do so, or tried to get me to accept 1/2 of what my share would actually be worth. She moved into the house about 2 years ago with her crack-addicted husband and her many dogs - 2 pitbulls, a rotweiller, and a newfoundland, who tore the place apart, literally - plus she has cats who also helped stink it up with pee everywhere. She intentionally ruined the house so that she could devaluate its worth to the point low enough for her to be able to afford a loan on it to buy out my 1/2 interest. The motion to compel hearing was 5/2/08, however the judge didn't even give the attorneys a chance to present their evidence/tell their story, as he said he was going on vacation and had another big case, and couldn't have an evidenciary hearing until 6/24/08! My attorney has stated that the judge on that date will either let us accept the highest offer we have to date (we have 4 offers on the table now) or he will order a courthouse steps sale. I can't seem to get a straight answer out of my attorney as to exactly what will happen at the sale. The home is completely paid off, so there are no mortgages owing. There are about 22K in taxes owed, however, though they can't take the house for taxes until 1/2008 I am told by the tax folks. Will the judge start the bidding at the highest offer we have on the house to date, to be sold on the courthouse steps within 30 days? How long must we advertise it in the paper? Must we have a new appraisal prior?(this is what my mean sister is counting on - so that she can buy it for a song now that she has virtually destroyed it!) Must we have a title search done before? How long will it be before the house is actually sold and I get my share of the proceeds? Thank you so much anyone who can be of help! Dorothy