Will is law move out ?

Remremrem · Postby **Remremrem** » May 29th, 2020, 4:43 pm

Hey let me run a scenario and see if I could get some answers before hitting the actual lawyer office when the country open back.

Let's say 20 years ago you got permission to build a house on your father's land. The land is shared by your sister as well who has her house infront. 20 years after your father dies and has left a will giving the sister / daughter the land but allowing you to live on the land until you die. Which means when you die your wife has to take the children and move out and leave behind the house that you both built together. What do you think are the chances of me actually taking this to court and getting some kind of financial compensation for the house at least and not just leave a free house behind for my sister ?

Thanks just asking to see if I get an ease of mind lawyers might not be open fully until June mth end.

MaxPower · Postby **MaxPower** » May 29th, 2020, 5:05 pm

Hello Remremrem,

I hope all is well as we fight this pandemic.

Are you of indian descent by chance bro?

The_Honourable · Postby **The_Honourable** » May 29th, 2020, 5:34 pm

Well the first thing is, have you seen the original will? If not, then you assume there is none.

If a will in fact exists, has the will gone through the legal process to be probated? If not, nothing in that will is enforceable. A will "is not law" or enforceable until the grant of probate by Probate Section, Hall of Justice, POS has been issued. Right now is just a piece of paper. You know how much people get duck up because they thinking just having the will in their possession, they have some kind of say or power but loss property like a dunce?

Did your father put in writing giving you permission to build on the land?

Do you have the deed to the land to know the exact status of it?

The will could say "until you die" but it never addressed what your wife and children will do after your passing. That is an interpretation the court will have to decide.

What the court might quicker do is encourage you and your sister to divide the land so that she will have a deed and you have yours. If the situation deteriorates then the court will be forced to make harsh decisions. If you take front, you can offer to buy the section of the land the house is on or offer her to buy the structure from you. You want to show the court that you have been accommodating and reasonable at all times so that the situation doesn't escalate.

At the end of the day, go by a good attorney for a case like this. You can give feedback here because it have tuners in similar situations.

VII · Postby **VII** » May 29th, 2020, 6:09 pm

Dad left a recipe for chaos...RIP..

He shoulda left it in both kids name equal share..and let it be understood that it has to be divided for the two households..

If hes saying it's the daughter's then fundamentally she has full domain over it,and the son will naturally feel aggrieved,its unreasonable to give someone something and tell them what to do with it,a recipe for resentment and bloodshed..

He should contest the will for an equal share...

88sins · Postby **88sins** » May 29th, 2020, 6:11 pm

If your father left the land for your sister in his will with a provision for you to have permission to occupy for the rest of your life (its called a life interest), in the event of your untimely demise your sister owns the land, but not the building you built on it, that goes to your wife and kids.
If sis wants them off the land she'll have no other legal option than to offer to buy the house, and if your wife doesn't want to sell she can't be compelled to do so.

Ryan197912 · Postby **Ryan197912** » May 29th, 2020, 6:24 pm

No a will is not final..it can be successfully contested

pugboy · Postby **pugboy** » May 29th, 2020, 6:33 pm

will cases tend be slowest moving too

Ryan197912 wrote:No a will is not final..it can be successfully contested

Cantmis · Postby **Cantmis** » May 29th, 2020, 6:48 pm

MaxPower wrote:Hello Remremrem,

I hope all is well as we fight this pandemic.

Are you of indian descent by chance bro?

Well op ?

assassin · Postby **assassin** » May 29th, 2020, 7:20 pm

88sins wrote:If your father left the land for your sister in his will with a provision for you to have permission to occupy for the rest of your life (its called a life interest), in the event of your untimely demise your sister owns the land, but not the building you built on it, that goes to your wife and kids.
If sis wants them off the land she'll have no other legal option than to offer to buy the house, and if your wife doesn't want to sell she can't be compelled to do so.

This is a large part of it
The court will never uphold an unjust enrichment, which is ur sis as the land owner benefiting in the cost that you expended to construct ur house
She can order u out but she will have to compensate u for the house
Sadly, this cost in current times may not facilitate u in acquiring a new home for ur family

88sins · Postby **88sins** » May 29th, 2020, 7:25 pm

Ryan197912 wrote:No a will is not final..it can be successfully contested

True, but anyone can contest anything.
The real question is if you're likely to be successful in contesting it. Its not something that's taken lightly, considering that it's the final instructions of the deceased on how his property should be distributed. A magistrate will not likely consider a will null and void unless very specific circumstances and items can be verified and substantiated.

EDIT
We must understand, the sister owns the land, no two ways about it, and op has a life interest in said land. So as long as he's alive he's been granted the right to occupy it.
However, the sister does NOT own the house op built on said land. So if he dies, ownership of the structure (not the land it's on) will fall to his dependents or beneficiaries, not the sister, and she will have a hard time proving why she should be entitled to it and not his beneficiaries.
Worst case scenario, after all said and done the beneficiaries may end up having to pay the sister rent for the spot the house occupies, buying the spot and the access to the house, or selling it to her.

shake d livin wake d dead · Postby **shake d livin wake d dead** » May 29th, 2020, 7:26 pm

Inside before chopping/drinking garmoxone. That entire scenario looking bachannalish. Op, hopefully we dont read about you

rspann · Postby **rspann** » May 29th, 2020, 7:30 pm

Op. Is your name Rem Rerem or Remrem Rem ? We want to know your ethnic origin.

Ryan197912 · Postby **Ryan197912** » May 29th, 2020, 7:42 pm

88sins wrote:
Ryan197912 wrote:No a will is not final..it can be successfully contested

True, but anyone can contest anything.
The real question is if you're likely to be successful in contesting it. Its not something that's taken lightly, considering that it's the final instructions of the deceased on how his property should be distributed. A magistrate will not likely consider a will null and void unless very specific circumstances and items can be verified and substantiated.

A magistrate you say :shock:

..this is a civil matter that will be dealt with by a judge sitting in the high court.

88sins · Postby **88sins** » May 29th, 2020, 7:47 pm

Ryan197912 wrote:
88sins wrote:
Ryan197912 wrote:No a will is not final..it can be successfully contested

True, but anyone can contest anything.
The real question is if you're likely to be successful in contesting it. Its not something that's taken lightly, considering that it's the final instructions of the deceased on how his property should be distributed. A magistrate will not likely consider a will null and void unless very specific circumstances and items can be verified and substantiated.

A magistrate you say ..this is a civil matter that will be dealt with by a judge sitting in the high court.

Well take meh to court for saying magistrate instead of judge while I posting on tuner and sipping whiskey nah. :lol:

88sins · Postby **88sins** » May 29th, 2020, 7:50 pm

Doesn't matter if a magistrate or judge, same principles and precedents apply bro.
Can't demand to be rewarded with something you not entitled to and have no interest in to the detriment of others who actually have an interest in it

MaxPower · Postby **MaxPower** » May 29th, 2020, 7:52 pm

rspann wrote:Op. Is your name Rem Rerem or Remrem Rem ? We want to know your ethnic origin.

Hmmm orrrr could be the yankee way of saying Ram?

adnj · Postby **adnj** » May 29th, 2020, 8:03 pm

88sins wrote:
Ryan197912 wrote:No a will is not final..it can be successfully contested

True, but anyone can contest anything.
The real question is if you're likely to be successful in contesting it. Its not something that's taken lightly, considering that it's the final instructions of the deceased on how his property should be distributed. A magistrate will not likely consider a will null and void unless very specific circumstances and items can be verified and substantiated.

EDIT
We must understand, the sister owns the land, no two ways about it, and op has a life interest in said land. So as long as he's alive he's been granted the right to occupy it.
However, the sister does NOT own the house op built on said land. So if he dies, ownership of the structure (not the land it's on) will fall to his dependents or beneficiaries, not the sister, and she will have a hard time proving why she should be entitled to it and not his beneficiaries.
Worst case scenario, after all said and done the beneficiaries may end up having to pay the sister rent for the spot the house occupies, buying the spot and the access to the house, or selling it to her.

I agree. I have seen Trinidad cases were this was the outcome.

rspann · Postby **rspann** » May 29th, 2020, 8:20 pm

I have a deed with an annexed court judgement where a woman went to court to regain a portion of a property that her husband allowed a child he raised to build on. The judgement was that he was to be allowed to stay there . She got title of all the land save and except the house spot and access to it. The spot also passes to his heirs upon his demise .

pugboy · Postby **pugboy** » May 29th, 2020, 8:35 pm

that sounding like op situation

rspann wrote:I have a deed with an annexed court judgement where a woman went to court to regain a portion of a property that her husband allowed a child he raised to build on. The judgement was that he was to be allowed to stay there . She got title of all the land save and except the house spot and access to it. The spot also passes to his heirs upon his demise .

Remremrem · Postby **Remremrem** » May 30th, 2020, 10:01 am

We are all of mixed descent lol

MaxPower · Postby **MaxPower** » May 30th, 2020, 10:08 am

Remremrem wrote:We are all of mixed descent lol

Hello Ramramram,

Forgive my manners. Just wanted to say welcome aboard the Trinituner family!

I am MaxPower, pleased to meet you.

Can you tell us a little more about yourself?

Remremrem · Postby **Remremrem** » May 30th, 2020, 10:09 am

Actually I don't want the land I just would want payment for the house for my wife and daughter...all my other children are grown and have their own houses and I have some land elsewhere that we can build a house on for my wife and youngest daughter .... I just do not think it fair that my sister inherits a house she did not contribute anything for. I will post results as the solution dissolves.. thank you all for the feedback.

VII · Postby **VII** » May 30th, 2020, 1:03 pm

Good luck bro,I know this is a hard one for you,that's how life plays us,hope things are resolved so you can get on with your life and make good use of the little time we have left,these sorta challenges takes a toll on your life and tends to consume us with emotions and resentment,try to maintain a good balance and don't let it totally consume you for yours and the family sake..

Personally if I was in your sister's position there would be no question of my sibling's rights,but property tend to turn many into unressonable monsters who forget they cant take it when they depart.

Again good luck with this and I hope it culminates to an amicable and fair conclusion .

Regards.

Ted_v2 · Postby **Ted_v2** » May 31st, 2020, 9:31 am

Pappi shoulda buy three 3 canal and let you,him and her share up the land.

Ole people doesn't realized the problem they does put their kids in when they do these crazyness, hell I would blame the lawyer too, seems like he doesn't have a good idea what he is doing.

I went and did a deed recently. The lawyer went thru with each of the persons involved what the deed means, who getting what, when yuh getting it, if you hadda sell how the money sharing up ect. If this was done this could of been sorted out at that moment.

88sins · Postby **88sins** » May 31st, 2020, 12:13 pm

Ted_v2 wrote:
Ole people doesn't realized the problem they does put their kids in when they do these crazyness, hell I would blame the lawyer too, seems like he doesn't have a good idea what he is doing.

So you feel. He probably knew EXACTLY what he was doing, considering that setting up life interest for op in his will was an intentional act to ensure that when he died he could leave the property for whomsoever he wanted and still ensure that his other child/children had a place to build a house to live in.
Where problems does start is when they DON'T leave a will or any sort of instruction as to how their assets should be disposed of.

dean_spleen09 · Postby **dean_spleen09** » May 31st, 2020, 2:53 pm

Remremrem wrote:Actually I don't want the land I just would want payment for the house for my wife and daughter...all my other children are grown and have their own houses and I have some land elsewhere that we can build a house on for my wife and youngest daughter .... I just do not think it fair that my sister inherits a house she did not contribute anything for. I will post results as the solution dissolves.. thank you all for the feedback.

break down YOUR house and carry it on YOUR land.
hope you have a good sledge hammer

88sins · Postby **88sins** » May 31st, 2020, 3:19 pm

dean_spleen09 wrote:
Remremrem wrote:Actually I don't want the land I just would want payment for the house for my wife and daughter...all my other children are grown and have their own houses and I have some land elsewhere that we can build a house on for my wife and youngest daughter .... I just do not think it fair that my sister inherits a house she did not contribute anything for. I will post results as the solution dissolves.. thank you all for the feedback.

break down YOUR house and carry it on YOUR land.
hope you have a good sledge hammer

Duane
allyuh doh screen fuh mad ppl off they meds joining this forum?

Ryan197912 · Postby **Ryan197912** » May 31st, 2020, 5:18 pm

88sins wrote:
Ted_v2 wrote:
Ole people doesn't realized the problem they does put their kids in when they do these crazyness, hell I would blame the lawyer too, seems like he doesn't have a good idea what he is doing.

So you feel. He probably knew EXACTLY what he was doing, considering that setting up life interest for op in his will was an intentional act to ensure that when he died he could leave the property for whomsoever he wanted and still ensure that his other child/children had a place to build a house to live in.
Where problems does start is when they DON'T leave a will or any sort of instruction as to how their assets should be disposed of.

You still posting here after you were called out for not knowing the difference between a magistrate and a judge as it relates to property matters...shameless people :shock:

dean_spleen09 · Postby **dean_spleen09** » May 31st, 2020, 5:26 pm

pics of house.
drop a pin.
will see if it threadworthy.

88sins · Postby **88sins** » May 31st, 2020, 8:12 pm

Ryan197912 wrote:
88sins wrote:
Ted_v2 wrote:
Ole people doesn't realized the problem they does put their kids in when they do these crazyness, hell I would blame the lawyer too, seems like he doesn't have a good idea what he is doing.

So you feel. He probably knew EXACTLY what he was doing, considering that setting up life interest for op in his will was an intentional act to ensure that when he died he could leave the property for whomsoever he wanted and still ensure that his other child/children had a place to build a house to live in.
Where problems does start is when they DON'T leave a will or any sort of instruction as to how their assets should be disposed of.

You still posting here after you were called out for not knowing the difference between a magistrate and a judge as it relates to property matters...shameless people

and so what?
are you of the mistaken impression that a singular error on my part about which particular individual,(whether judge, magistrate, arbitrator, negotiator, or whoever) makes you somehow superior or gives you some authority to dictate whom should post where or on what topic on an infomal forum?
First & foremost, if you don't like me posting in this topic, I recommend you find a way to live with it, because YOU can't stop me, or anyone else.
Secondly, boi, shut yuh educated idiot arse & go & pee & go in yuh bed behind d goat pen.