You lose out on that 250 k condo? Y? Because she stole it from mom!
Gotta question how much use is her house? How many times yr can you stay what ten days at most? Your sister is greedy gus but you lose that count because she changed names five years before death did she pay anything?

Give thought to giving up house to her mortgage and her paying you for your half

Sister took over the mortage for the codo...Mom "sold" it to her. Mom only had 39k left to pay on it then my stupid sister takes out a mortage for 144k. The game plan was mom was to retire to our house in SC and sis was to rent it out. She ever found a tennant. Plans fell through and sister go stuck holding the bag for the mortgage on the condo hence her feel that since the condo deal went bad, she has a right to half of SC. Even now..it sits empty. She can get 1800.00 per month. Sister lives in VA. I live in PA. Mom lived in SC and condo is in NY.

Me giving up that house is NOT an option. I will go down fighting. Hopefully my sister will come to her senses and realize that it is best for us both to share it and split the expenses.We really do/did look forward to family holidays and get togethers I know mom left me the house but I really dont mind sharing it especially since there is 25 years left to pay on it.

It was well established by my mom that my sister got the cndo and I got SC. Thats why when they came up with this her taking over the mortgage in NY, I didnt care because the condo was to go to my sister anyway.

BTW...sister lives in va with her husband and has oly been to NY 2 times last year. I live in PA but I commute to NYC evryday and I have been collecting the mail and checking on the condo ll this time. Ss paid the mortage but Mom always helped her ou by paying the maintiance. Now with Mom gone. sister has to carry it all...then she has the nerve to want half of SC. I have a funny feeling that she is going totry to take half of it...Joke is on her because the bank still owns it. Mom used the land as a downpayment. The and is attached to the house and the house has no equity. It's a wait and see game for me. My plan is to put the mortage in my name and rent out half the house. Me keeping the master bedroom and one bedroom. Thats if she doesnt agree to share it.

Money brings out the worst in us. I'm no legal expert, but your Sister is bang out of order.

Hi Sparkie: You have to sit down and try to put the emotions aside and think about this from a factual standpoint. Also, you don't want to act on this from an emotional viewpoint. You can't get back the fact that when Mom was living this was the family's holiday and summer home.

Instead, it is time to ask yourself some very hard and important questions and answer them HONESTLY:

--Does the S.C. home require repair?
--Can you afford the mortgage for the S.C. home?
--Can you afford the upkeep for the S.C. home?
--Can you afford a protracted legal fight for a home you may not be able to afford?
--What happens if your husband or you are injured or become very ill; do you have an emergency fund put away to handle that or would your home end up in foreclosure while you're going through a protracted legal battle over the S.C. home?

If you can answer those questions without emotion and come to the conclusion you cannot afford the S.C. home nor the protracted legal battle, it would be best to sell the S.C. home to your sister for some amount (realize she is not going to pay the full amount and will probably pay half) and get this off your plate and get some money in to pay some mortgage on your home.

Do not blame this on your sister. All this is due to your Mom and it is her fault she did not have the proper estate papers and that she transferred the NY property to your sister. My doctors are a big HMO by a large insurance carrier and every time I go in they ask if I have a will, a medical power of attorney and a living will should I become unconscious or in a coma. So some medical insurance carriers are stepping up and having doctors ask their patients if that those important document and then note the responses in the file and note where those documents are located or who has them.

Good luck and many hugs.

My advice in this situation is "sell".

You say that's not an option but you will sentence yourself to a lifetime of extra grief if you don't.

There was no will and both sisters will dispute the actions on the Condo. This isn't a walk in the park.

With already having two mortgages on both the family home and the motorhome, selling the motor home will probably have the money going to pay off the mortgage on the thing. You probably won't see much in your pocket, if anything.

Don't forget the attorney fees that you have to pay to pursue someone and that this will probably be a fight in court that will last a while and probably be a federal court because I believe the people and the property are in various states.

The Mom's wishes will be disputed by both sisters. The disposition of the Condo will be disputed by both sisters, but if the Mom signed off on it all, then there's little dispute there unless you want to try to prove the Mom incompetent back then. You're talking more money, you're talking doctor testimony and it's not easy. And if she was incompetent to sign off on the condo papers, she probably was incompetent to tell you both that you were to share equally. Then it becomes left to the court to decide what to do with everything.

Does anyone know if there are tax liens or any other liens on the S.C. property?

You may do well to get a consultation with an attorney that deals with probate without wills. Find out what they suggest and what they would charge. It will give you a very realistic idea of what you are up against.

Here is an update...I found out that sister had my mother take out a power of attorney last year to clear some credit card debt she ran up in my mom's name. She had my mom decleared incompentant to handle her money hence my sister taking out the power of attornry. Mom agreed to it because the credit card people were coming after my mom for the debt my sister ran up in my mom's name. Mom died on Feb 23, 2013...As I stated before, me and my sisiter got into the arguement about her owning half of my mom's estate cause mom had no will despite mom leaving my sisiter a condo in NY.

Guess what this bit** does...She writes out a check to herself dated Feb 22 in the sum of $8,900...totally wiping out my mother's checking account! Sis says it's legal cause she had power of attorney at that time but she didn't present the check to be paid until April 1st and the bank paid it because my mom's checking account was never closed. The reason why we didn't close mom's checking account was because all the utilities and the mortage were coming out throug auto deduction. My sister says...well the house is yours..you think I'm going to be paying your bills from mom's account/

Went to probate court on April 12th...Judge is totally with me. Sister was even stupid enough to type me up a letter admitting she stole the money. In 30 days, the judge will make me the executor...i can then get a copy of the check...the bank will launch an investigation. Judge says worse comes to worse, he will sign EVERYTHING over to me. PS>>>Sister has a criminal conviction for food stamp fraud in state of VA

Forgot...SPARKIE 119 is ALSO EUNICE 1432

No leins aganist the property...I don't even mind giving up half of everything to my sister and keeing it as a family summer retreat for both our families...I REFUSE to put mortage in my name and 2 people name on the deed. This is our sticking point. Sister says she will give it all up rather than be resposnible for another mortage. With that said...she stole my moms entire checking account because now I have South Carolina. NOTE>>>Nothing had been through the courts yet. In the meantime, I am paying all the expenses to South Carolina with the 10K my mom left me in life insurance money. Sister also got 10K in life insurance

I don't understand why the judge has you waiting. He can enact right now and have you get started before your sister does anything more. Plus, what he is doing to get her to repay monies she has already removed improperly.

By SC law, judge must wait 30 days...he sent sister a form agreeing to appoint me executor. If she sign it ...great...if she doesn't, judge will appoint me anyway. As for the $8,900...sister is in another state. if she was in SC he'd have her arrested. Spoke to the bank, they will conduct an investigation. I will also go to the police in VA and SC and let them know a crime was committed by someone with a criminal record. I must do this step by step. First step is to become execotor so that i can fight on behalf of my mom's estate. Next step is to get the legal right to rent out the house so that I can pay the mortage. Step after that is to go after the stolen money. Get this...gotta see sis this weekend at my mom's memorial service for friends and family living in NY which is where mom lived for 50 years. I'm going to be just as positive as I can be and stay clear of her.

sounds like time has helped in this case...good hugs