primitive doesn't know what to do in Delaware

[franksolich]

http://www.democraticunderground.com/10027670971

Oh my.

I had to use "Delaware" in the title because the primitive made absolutely no sense.

LaydeeBug (6,159 posts)    Thu Mar 10, 2016, 12:20 AM

Greetings from behind the grief curtain....DE Property Redux talk me off the ledge
 
So years and eons ago, my Dad and his then girlfriend bought a vacation home in DE. He paid the mortgage. She rented it out. Then after they broke up, shortly after, she moved down there, and after a while, he told her that she would have to start paying because she was down there full time and no one could go there, let alone rent it out.

He still gave her money when she needed it...bought a new bed, dishes, etc, So in 2013, the place gets paid off, and she starts sending him letters saying his name was on the place by mistake and she was suing him to get it removed.

That suit never happened. Dad went into the hospital in the beginning of 2014 and died on June 20th of that year. Because he was in a Social Security doughnut hole, I was told to ready his assets for his care. This meant severing the joint tenancy in DE, because there were rights of survivorship, but she clearly didn't think so, because she was saying his name was on the deed by mistake. I had to protect his estate.

Anyway, our motion to dismiss was denied. The ex girlfriend is also suing me for consideration? maybe? something like that saying that I owe her money. She also maintains that my father made no monetary contribution to the place whatsoever (it's bullshit, but I have no idea how to get bank records from 1997, and they are not here).

I am mostly venting, but I don't know what to do. 

Jim Lane (7,869 posts)    Thu Mar 10, 2016, 08:19 AM

3. I'm not admitted in Delaware, but my first reaction if your father had lived in New York....
 
You don't say whether he left a will. I assume that, whether under a will or not, a court has appointed you as the person in charge of the estate. If not, you should get that done. You should be able to present each bank with whatever documentation it requires to establish your status, and then get the records.

You refer to a joint tenancy and say there were rights of survivorship. Unfortunately, that may mean that the question whether his name was on the deed by mistake is now moot, at least with regard to ownership of the property. If both their names were on the deed, and if it was set up as a joint tenancy with right of survivorship, and if all the formalities to create that kind of concurrent estate were observed, and if that was still the situation as of the time of his death, then his share passed automatically to her upon his death, regardless of any provision in the will.

I don't know whether Delaware is among the states that have a Dead Man's Statute. Such laws prohibit a broad category of testimony by a living person concerning transactions with one who has died. Even if she is allowed to testify, her credibility will certainly be low. The obvious question is: If the deed was a mistake, why didn't she do something about it for all those years, such as bringing the suit she threatened? Why did she wait until after your father died and she could say whatever she wanted without worrying that he'd refute her? A pretrial motion normally wouldn't involve an assessment of credibility, which is the province of the jury, so you might be in fairly good shape for a trial even though you lost the motion. Of course, "fairly good shape for a trial" is relative -- even a successful trial is an enormous expense and ordeal.

Good luck to you! 

LaydeeBug (6,159 posts)    Thu Mar 10, 2016, 09:19 AM

4. I am the personal representative and sole beneficiary
 
there is no bank anything as the place is paid off. Because Dad was in a SS doughnut hole, I had to spend down his assets to get him Medicaid qualified. I used my POA to nominally transfer to asset to me to protect that asset. 

In other words, the primitive had to spend the old man's money on herself, before the government got a hold of the dough.

Normally, yes, that's a wise thing to do, but these are primitives, remember, and primitives don't think the government should be cheated.

Arazi (1,641 posts)    Thu Mar 10, 2016, 09:45 AM

5. So she's been living there for almost 20 years now?
 
Did he ever go there again after she moved in permanently? Not sure if that's important (and I'm not a lawyer) but I wonder if that's the angle she's working.

You need to get access to his bank records it seems as the next step. Prove that he paid the mortgage and for other items there along the way. Wouldn't your POA be enough for that step?

Sorry about this. I don't really have any answers but I can kick it for you and give you a virtual hug.

I'm sorry about the death of your father and now this crappy stuff....

[thundley4]

Don't these DUmmies often cheer on squatters that have taken up residence in foreclosed or vacant houses?

[tanstaafl]

Don't these DUmmies often cheer on squatters that have taken up residence in foreclosed or vacant houses?

Well, yes. But not when it's their own property

That's different

[Carl]

For a group that always says all assets of the rich should be taxed out of existence they sure do spend a lot of time fretting and fighting over inheritances.

[franksolich]

For a group that always says all assets of the rich should be taxed out of existence they sure do spend a lot of time fretting and fighting over inheritances.

And spending it themselves before the government can get its hands on the dough.

<<<doesn't think that very civic-minded of the primitives.  Perhaps as with paychecks, they should let the government take its cut first, and then they can have what's left over.

[SVPete]

Welcome to the "benefits" of shacking up! Especially of buying significant assets with the shack-up guy or honey! Hey Progs:

[67 Rover]

One would think as a good socialist she would be happy to pay her "fair share".

[fatboy]

Two possibilities:

1. LaydeeBug's Daddy was a retard

2. LaydeeBug is a liar

[franksolich]

Two possibilities:

1. LaydeeBug's Daddy was a retard

2. LaydeeBug is a liar

It still blows me away that she, a Democrat, a liberal, and a primitive, spent all of the old man's money on herself so that the government would have to take care of him, rather than his personal assets being used for that purpose.

This generally makes sense, but she's a Democrat, a liberal, and a primitive, and they're always yapping about how people need to give things to the government rather than selfishly keeping it for themselves.

Someone help me "get" this.  Please.

[Carl]

It still blows me away that she, a Democrat, a liberal, and a primitive, spent all of the old man's money on herself so that the government would have to take care of him, rather than his personal assets being used for that purpose.

This generally makes sense, but she's a Democrat, a liberal, and a primitive, and they're always yapping about how people need to give things to the government rather than selfishly keeping it for themselves.

Someone help me "get" this.  Please.

Socialism is never intended for those pushing it.

[jukin]

DUchebag gets on the receiving end of being DUchebagged. Tasty.

[Rebel]

Socialism is never intended for those pushing it.

Hence why congressional DemocRats exempted themselves from Obamacare.

[GOBUCKS]

I hope the shackup whore takes his entire estate.

[98ZJUSMC]

Don't these DUmmies often cheer on squatters that have taken up residence in foreclosed or vacant houses?

No sympathy for occupiers, I guess.    They're so conflicted.

[98ZJUSMC]

Quote from: franksolich on Today at 12:16:22 PM
It still blows me away that she, a Democrat, a liberal, and a primitive, spent all of the old man's money on herself so that the government would have to take care of him, rather than his personal assets being used for that purpose.

This generally makes sense, but she's a Democrat, a liberal, and a primitive, and they're always yapping about how people need to give things to the government rather than selfishly keeping it for themselves.

Someone help me "get" this.  Please.

Socialism is never intended for those pushing it.

   Course not.

[CollectivismMustDie]

And spending it themselves before the government can get its hands on the dough.

<<<doesn't think that very civic-minded of the primitives.  Perhaps as with paychecks, they should let the government take its cut first, and then they can have what's left over.

To (D)Ummies, its DU as I say, not as I DU.



CMD