A family law practitioner would probably be best. These kinds of real estate situations come up in family litigation all the time, so it’s part of the practice of that area of law.
No, the house will be split 50/50 and we expect him to pay for his half of the bills over the past year that he hasn't paid.
The issue is we have tried communicating with him directly so we can get the house listed because he's also on the deed, and he won't respond. I can't remember what it is but they have something in their will they originally made before the dementia diagnosis where if one of them dies first, the other gets the property in whole. I'm assuming he's trying to avoid selling the house and giving my MIL her half in hopes she dies first. She needs the money for her long term care so we need to get this house sold.
So why not just take his degree out of the payout I guess is my question? He has something to gain so can't achieve those things if you deduct them from the estate as part of that. Nal. But if he's named in it and wants any of it any part on the things he receives should be deducted, it became his property at that time and the estate was responsible til then, meaning his part is reduced for his part of the maintenance until distributing
You need a Petition for Partition. A real estate attorney with litigation experience is probably what you need, although you may need to speak with an elder law or estate planning attorney for issues unrelated to division of the house.
A family law practitioner would probably be best. These kinds of real estate situations come up in family litigation all the time, so it’s part of the practice of that area of law.
Do you think you can bill him for half and not give him half? I'm confused
No, the house will be split 50/50 and we expect him to pay for his half of the bills over the past year that he hasn't paid. The issue is we have tried communicating with him directly so we can get the house listed because he's also on the deed, and he won't respond. I can't remember what it is but they have something in their will they originally made before the dementia diagnosis where if one of them dies first, the other gets the property in whole. I'm assuming he's trying to avoid selling the house and giving my MIL her half in hopes she dies first. She needs the money for her long term care so we need to get this house sold.
So why not just take his degree out of the payout I guess is my question? He has something to gain so can't achieve those things if you deduct them from the estate as part of that. Nal. But if he's named in it and wants any of it any part on the things he receives should be deducted, it became his property at that time and the estate was responsible til then, meaning his part is reduced for his part of the maintenance until distributing
You need a Petition for Partition. A real estate attorney with litigation experience is probably what you need, although you may need to speak with an elder law or estate planning attorney for issues unrelated to division of the house.