Re: son moved in when father died - Landlord Forum thread 353732

Re: son moved in when father died by Anonymous on August 7, 2017 @22:13

well this is an up date on past forum story. I had wrote on july 17 about selling my house to my nephew (mike) he passed away june 13 out of respect and because he had made june payment. I didn't go to house I live about 300 miles away. he had two renters living with him. on the 20th I went .and told renters that I was coming home the first of the month. did they want to stay or leave. they said stay but mikes son Mathew had told them he was taking over house so they were to pay him rent . the agreement between me and mike was a small contract we wrote up ourselves no title company it was never notarized the price was 60,000 he gave me 3000 down his payment was 525,monthly plus taxes 100 monthly any way he paid two years about 12000 dollars so on the first I went and the son just moved in they put no trespass signs so went back home I tried to call him I facedbooked him he blocked me. my sister lives next door so I called her to try to get Mathew to call nothing this guy has been to the pen a couple of times he waighs about 300 lbs .so I was not going to mess with him. so on the 17 of july I went back to file 3 day notice. before eviction on the 20th I filed eviction notice on grounds he has never paid me any money was not on any lease or contract that me and his father had and on contract I made stipulation that mike had to pay me at least 30,000and then I would have option of letting his son take over payments well we went to court to day they had lawyer I didn't. I thought it was cut and dried well the lawyer says its all going to probate the judge started out on my side he says it seems like mike and felix had a agreement mike died and felix wants his house back so any way the judge said he could not make ruling now he gave us two weeks to get lawyer and come back .but my thing is why should house go to probate I am not asking for any money I just want house back and they have done about 10,000 dollars damages I'm a 69 year old veteran I live on limited amount I've already spent 300 dollars running back and forth

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Re: son moved in when father died by Anonymous on August 7, 2017 @23:31	[ Reply ]

You have an agreement to sell the house. The father has made payments on purchasing the house. The father died. The house goes to probate. The house most likely be sold to settle the probate or the son will take legal responsibility to pay off the debt. You do not own the house. You are not a landlord. This has never been a landlord tenant issue. You need a lawyer to be sure that you get paid for the house.

Re: son moved in when father died by Nicole (PA) on August 8, 2017 @09:04	[ Reply ]

this is very difficult to follow. about 3/4 of it doesn't matter - weight of people, your age, facebook stuff, etc. You toss names about like we know who they are into the mix - who is felix? your nephew (I guess that's Mike) had what is called an "equitable ownership" in the property. you agreed to sell, he agreed to purchase, he paid. doesn't matter that there was no title company nor a notary. what you two wrote up will probably be enforceable. If his son (Matthew?) is his sole heir, then he probates his father's estate and pays you off somehow... depends what your contract says. so if your nephew (Mike?) was buying the house and passed away, his son (Matthew?) is taking over as his heir and telling the tenant (felix?) to pay him? sounds right to me as long as the estate pays you monthly the $525 until the estate is finalized and they pay you in full.

Re: son moved in when father died