I've lived out of state for the last decade and had a drug problem and was homeless most of the time. First my grandma died and left her house to my dad. A few years later dad committed suicide and left my step mom with a chapter 8 bankruptcy that had both houses and both their vehicles on it to the tune of $1400 a month. He never put her on the deed to the house though.
He had 3 life insurance policies. The biggest one did not pay bc it was suicide. The others totaled about $20k. Then my little brother died in a car wreck. My little sister sued the company of the truck driver that hit him and got a whole bunch of money but nobody knows for sure how much. She bought new cars and a new house and never shared a dime with anyone except for $1500 to me. So inevitably my step mom wasn't able to make the bankruptcy payments. She was basically waiting for the sheriff to show up any time and evict her so she moved all her stuff in to storage. My sister paid the bank so it didn't go to a sheriff sale.
The way I understand the law, she wasn't buying the houses like everyone thinks, she just basically paid dads note to the bank. Keep in my mind she was only able to do that bc of the money she got from my brother's wreck. I wasn't here so I don't know the exact details but as of today my sister lives in my dad and step mom's home and is renting out gmas. My step mom is bouncing around couch to couch at her kids houses and her stuff is still in storage. They each have a lawyer. I would be going against and making my whole family mad if I side with or help my step mom at all. I don't feel it's right though. My step mom isn't perfect and there's a lot she, and everybody else for that matter, should have done different. I wasn't here though and everybody has a different version. But it doesn't feel right to me for my step mom to not be in that house.
My sister and dad did not speak at all for the last several years before he died either. I was the only one he was close to. Gmas house isn't worth much, maybe 10 or 15k. Dads is only worth between 60-80k. I think my sister paid like 20-40k to keep things from going to the sheriff sale. She is literally broke now and has none of the money left and really doesn't even have much to show for it. So she'd be in a bind if my step mom wins and she had to sale the houses. I don't have money to get my own attorney. I'm living in my son's spare bedroom and trying to get back on my feet. My mom and other sister are very ready for this all just to be over so everybody can move on and everybody get along. That would be the easiest thing. I should have been here and feel like since I wasn't that my time to speak up is gone. Any advice about any of this?
"We originally filed a Chapter 13 because we were trying to keep everything and so we had a payment of 2500.00 a month on top of all our other Bill's as well after he died they adjusted the payment to 1466.00 a month that's what I paid on top of other Bill's as well until I had no more money to do it and then they changed it to a Chapter 7"
Not sure how dad could file under a theoretical bankruptcy that doesn't actually exist, except as a number for future federal law if required to expand on current bankruptcy laws for states.
"Chapters 8, 10, and 14 Bankruptcies are not published within the U.S. Bankruptcy Code, and were reserved for Congress to use as needed in the future."
I am filing all this under "need to know and won't remember".
Thanks for that info.
There are some avenues to consider, or evaluate, just to help put the situation in perspective, but some thought needs to be given to this complicated situation, and I want to do a bit of checking before responding in depth. Back later.
I believe the bankruptcy was in both their names and it's closed now bc my sister paid it off. Also they both already have attorneys and it's just kinda stagnant and not getting a court date for some reason. The last I heard was my step mom says hey attorney is waiting for the appraisal on my dad's house but my sister says her attorney already sent it. There's just a lot of people telling me that I should get my own attorney bc my sister shouldn't be able to get away with all this and I'm entitled to part of what's left. My dad had a semi truck and a pick up and a lot of tools that my step mom sold trying to keep the house and a lot of people are mad about that but I'm not really bc she helped pay for all of that too even though they were my dad's tools. There was a tool box that was my grandpa's that she didn't sell, she gave it to my cousin who was close to my dad. I also have his wedding ring which they say only apraised for $250. Step mom gave us all the sentimental type stuff , like Christmas decorations and things too. Also I understand it that her name wasn't on the deeds. She lived in the house for 17 of the 18 years my dad did though and always worked and they both paid the bills and when he was gone on the truck she held the fort down. I'm pretty sure the only debt left is a small amount of taxes.
I wish the family luck in dealing with this. Your sister may have already made mistakes that robbed her of any money she had, and which cannot be corrected; don't carry all of that forward. To waste more time and cash on a fight would likely come to nothing. It might be better for you to walk away from all of it than to make the wrong move here. Otherwise you will ALL need to pool the pennies together and pay for an hour of Trust and Estate attorney advice. OR.....
If you wish to step into any of this realize you are stepping into a big mess not of your making, and one that will require a lot of expertise.
I would allow the rest of your family to handle this tangled web that is woven over time, and without your knowledge or input. Perhaps it is best for you to continue to concentrate on your recovery as others have suggested.
Wish you the best.
Are you thinking that one of the houses should go to you?
If your stepmom wins in court, does she have the income to pay for upkeep, taxes and utilities on the house?
I agree with Geaton, I think you need to move on.
As for step mom same thing with having to get a lawyer to sue. Since dad's assets aren't worth much step mom would spend more in lawyers fees fighting that would not make her whole if she won.
Your sister is a scammer and not to be trusted. Ever. I love how they get away with things and even though it sucks your mom is right you have to let it go and move on. Never giver your sister any financial assistance ever no matter what sob story she comes up with in the future.
Yet she did and won. How do you explain that? Are you an attorney?
In your shoes, I would certainly empathize with your step-mom, but I think trying to stay out of any discussions or legal proceedings would be wise, especially since you weren't around and probably can't know the facts.
Let the judge decide; that's what s/he is there for.
Get a job, move to your own place and learn some money management skills from Dave Ramsey or at www.bogleheads.org.