Q: Do I need to do anything to legally protect my real estate or am I already legally protected?
My parents added a mother-in-law suite to our house 17 years ago so that they could have a place to stay when they visited us. They told us it was a gift to us. They live in Florida most of the year and visit for only short times during the year.
We live in Virginia. My husband has passed away and I have an adult disabled child, a college student and a minor child who live with me on survival benefits. I have been talking about possibly selling the house and now my parents are telling me they want $100,000 given to them if I sell. I am the only one on my house deed and there is no written agreement that they will get money from a sale of the house.
In addition I have learned that they have listed 40% of my house as their estate in their trust and revocable living will.
Can they legally take money from the sale of my house or put 40% of the house in their will's estate legally?
A:
Unless their name (or the trust's name) is on the deed, it is unlikely they will be able to claim ownership in your land/home.
That said, however, without seeing ALL the documentation (what did you sign when they added onto your house -- there HAD to be something as you can't just build one someone else's property -- for example, and is there ANYTHING else in writing...?) it is impossible to say what your risks are 'for sure'.
You should take ALL the documentation and paperwork related to this, including copies of the trust 'listing' the property to a local estate planning/real estate lawyer to determine what to do next. This is NOT a 'simple' situation!
A: From the preliminary facts, it seems like you have the better case here and if their name is not on the deed they will have a hard time claiming the money. However, if they chose to sue, they could potentially ask for restitution but if you are able to prove it is a gift you will win. You need to speak to an attorney about this.
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