My mother grant deeded her 60% portion of her home to me in 2002, I already owned the other 40%. My mom died suddenly in 2004 and my sister who has lived on the property all her life first claimed she was a tenant. After filing for an eviction a court decided that there was a "Pointable trial of fact," that she was not a tenant but "perhaps" she may be an owner. She changed her story in court and claimed ownership.
To make a long story short my sister's attorney claims that they have notes from my mother (that are dated at least 6-months after the grant deed happened) stating that she wanted to give the property to all of the siblings. We waited for some months and finally all of my siblings joined my sister in sueing myself and my wife for their "Beneficial interest in the property." None of the siblings have ever been on the deed, they have never paid the mortgage, taxes, or insurance, and my sister has never had a lease with me or my mom when she was alive. I filed and got a re-straining ordered approved againsts her husband who was staying on the property (again no lease either) and now the renters I have in the in-law downstairs are complaining that she is harrasing them daily. My attorney advised that I should just sell but they (the siblings) have clouded the title and won't remove it so that I can list it on the market for sale. I want to sell the property asap to get out of this mess, hold the money in trust until the case is settled, and then move on. Or I want her to leave so I can fix the property for its maximum sale value and wait for it to sell in this bad market. How can I get her out if you can't evict a so called owner who has very little proof of ownership?
To make a long story short my sister's attorney claims that they have notes from my mother (that are dated at least 6-months after the grant deed happened) stating that she wanted to give the property to all of the siblings. We waited for some months and finally all of my siblings joined my sister in sueing myself and my wife for their "Beneficial interest in the property." None of the siblings have ever been on the deed, they have never paid the mortgage, taxes, or insurance, and my sister has never had a lease with me or my mom when she was alive. I filed and got a re-straining ordered approved againsts her husband who was staying on the property (again no lease either) and now the renters I have in the in-law downstairs are complaining that she is harrasing them daily. My attorney advised that I should just sell but they (the siblings) have clouded the title and won't remove it so that I can list it on the market for sale. I want to sell the property asap to get out of this mess, hold the money in trust until the case is settled, and then move on. Or I want her to leave so I can fix the property for its maximum sale value and wait for it to sell in this bad market. How can I get her out if you can't evict a so called owner who has very little proof of ownership?
