BETTER TO CONSULT LAWYER??

[axn19]

My father gave me money to buy a new house for investment purposes. My stepmother came to know about it and had called me several times claiming that I must have conned my dad to buy me a house. I didn't dare tell my dad about her conversation cos 1) i scare my dad don't believe me 2) don't want him to confront her if he does believe me. She pretended no such conversation happened when my dad was around.

I've told my husband about it. Told him my worries that she will fight for her shares in future if my dad were to pass away. I wanted to consult a lawyer but my husband claimed no need to. He told me that since the house is under my name only, she got no rights to fight for it. But part of me is still very worried. I'm afraid that she might claim that my dad lent me the money instead of giving to me.

As I'm financially tight, I hope that someone can give me some legal advices and whether is it worth it to consult a lawyer to protect my ownership.

 

[clipperjunk]

prepare a recorder to tape the conversation if you can..that will be proof....the house under your name may not stop your stepmother from contesting it later as she can claim your father was under duress...i reckon the only way is for your father to state legally how the house is be willed or profits shared...since you said it was or investment then she may have a right to claim part share since she's your dad's wife.....

 

[vios]

Hi axn19,

i really appreciate this part in your Reason No.2 - "2) don't want him to confront her if he does believe me"

your dad has entitled you to a sum of money, which means, that is rightfully yours - for investment's sake or not.
No need to trouble a lawyer in this case, cos you're in legitimate possession of his kind gift.

With the aid of this sum of money, the legal ownership of the future house is the Key. There is no way your stepmum can take that away from you, unless she somehow adds her name in and claims from there.

Just wanna to add on that.....
i do believe to a certain extent that your dad already has some plans put in place for his other assets.
Hence, Try to stay Unaffected by your stepmum's accusations, otherwise your judgement might be impaired.

Based on your first paragraph, a No.3 Reason springs up in my mind - "Believe in his decisions wholeheartedly."

 

[axn19]

Hello Clipperjunk
Thank you for your suggestion. However, I'm afraid that if I were to record down our conversation, I know he'll surely jump.

Hello Vios
Thank you for your advice. I did tell my father my worries before I purchased the house. He also said the same like what you've said. Since it's under my name, I shouldn't be afraid. Besides, he also claimed that she is not capable and she's not that type of person.

I believe he has also made plans but has not done a will yet.

May I ask, can she accuse and claim that I borrow money from my father to buy the house?? She knows that my hubby and I are not rich at all to buy a house, let alone two. Sorry, forgot to add earlier, this house is the 2nd one my father bought for me. His intention is to help ease our burden if we lose our job and the most important part is, he's buying houses to keep for my children sake. He knows that we can't afford at all and since he can, he rather buy for them.

 

[vios]

Your dad selflessly plans well ahead of time... that only bodes well for you and your own family.

Since it's his decision in all aspects, i think you should not respond to the accusations and claims, nor telling him about it.
As mentioned, all of those talks won't affect his own judgement.

Leave him to do the talking. If he finds it necessary, I'm sure he has his own ways.

 

[axn19]

Thanks, really appreciate.

Yes, as usual, I'll leave him to do the talking.
My father also feels that I'm always paranoid but he doesn't know that I'm always targetted by her since day one. I'm really tired...

Although I know that it's really foolish of me to worry over such matter, it's just that when I saw many news concerning parents sueing children, siblings sueing one another over money, it's kinda of sad and really freak me out.

 

[yoongf]

Firstly, ppl can accuse/sue ppl for anything and everything. But in civil law, the burden of proof is on the plantiff. If in the end turns out to be baseless, the legal costs goes to the loser.

Secondly.. if dad pass u the $ when he is not mentally incapacitated, there is no basis to say that he could have been conned. If really worry on this.. then when buying the property.. tell lawyer under yr name.. but yr dad pay the $. Lawyer can act as witness of transection.

Actually.. got absolutely nothing to worry. Under such circumstances, only need to worry who will eventually be the probate of the will.

 

[axn19]

Yoongf
If my father did casually tell our lawyer about it, can this count? He was the one who liaised with the lawyer and out of 10 visits to the firm, he went 9 times with me. Btw, I merely just signed the papers when asked and didn't read before signing. So, dunno got state in the paper or not.

 

[yoongf]

It is best that the lawyer is told about the arrangement. And best if there is some email correspondance about "lawyer advise daddy that while the property is paid for by daddy, the legal owner shall be Chiobu and daddy will have no future rights to such property. Then daddy replies that he understands this. This type of email is very meaningful.

Anyway.. legally, u have nothing to worry about. This evidence of daddy acknowledgement is really for assurance only.

The other way is to purchase under joint tenancy, which means upon death the surviving owner gets full ownership. But this route.. the administrator of the will can be a real hinderance.

 

[mark78]

will? legal documents. purchase of property by a chattel, many many ways.

ts, go see lawyer lah. its a big sum of money involved. better lets those ppl earn your 3k and have a peace of mind.

peace.. omg.. sign documents without reading... that a no no.

 

[andie]

This I need to speak.

Please seek a lawyer's advice.

There is no such thing as a gift, everything boils down to the basic of contractual relations, i.e. consideration.

Do understand that even though you are the legal owner, you do not have the beneficial title. That title belongs to your father, i.e. the one who provided the consideration, that being the money.

Please seek other alternatives to secure the property. In my opinion, creating a trust in your favour would be a wise option.

At the end of the day...consult a lawyer. Period.

 

[mark78]

clap clap.. andie. agreed with you.
esp the part. even though u are the legal owner, u do have the title to it. very true.

 

[axn19]

mark78
I know it's very dangerous not to read before signing. However, I only did it during the house transactions only. I did try to read during my 1st purchase and unfortunately, it frustrated him. Luckily, the lawyer did her best to explain the content before I pen down my signature. Didn't want to aggravate him further. If he wanted me to sign back the house to him, I will never hesitate to do it.

Will consulting a lawyer cost $3K?? Is this the minimum??

 

[axn19]

Yoongf
The transactions were already done and still can change??

 

[axn19]

andie
Thanks for the highlight.

Maybe when he's in good mood and were to mention about the house again, I'll try to talk him into seeing the lawyer with me again.

 

[andie]

Since I've been given the opportunity to chance upon this thread, I am going to put this in plain terms as much as possible.

Peace,

(Even if there is such a request) there is no need to sign the house back to your father because the house belongs to him beneficially. In general, if your father should pass, the house goes to his estate, until his will decides who should then become the beneficiary. It does not belong to you. You did not provide anything to own the property, thus if someone would to take it away from you, you suffer NO loss. Almost anyone can be a legal owner, not everyone can be a beneficial owner, for being the latter means providing the consideration.


Secondly, the question that started the thread:

Logically, spending a few grand to secure a 1.3 million dollar property (assuming a freehold apartment)

vs.

Spending tens of thousands years from now to HOPEFULLY secure a 1.3 million dollar property.



Lastly,

you must understand that your father, though with good intentions, is not aware of the legality involved to secure that particular property for you. I've seen many cases, whether on paper or real-life, where it seems that the father/mother intended to leave property with the child but there was no evidence to prove such intention. Usually the child loses the case, partly policy reasons, and the property goes to the estate of the deceased. Your stepmom would of course gain her rightful share, assuming no will is in place.


So,
(1)
CONSULT a lawyer on the options available to you. There are a handful of law firms that offer advice on a budget. Just google. There is no need for them to draw any papers for you. Purely advice.

(2)
SPEAK with your father on his main intention of making you the legal owner of the property. Assuming he has the intention of making you the beneficial owner, then tell him the advice you were given by the lawyer. He is your father, if you can't broach the subject for whatever reason, then be prepared to fork out tens of thousands years from now.

Assuming he is agreeable to the changes of making you the beneficial owner, go to the lawyer where you signed the papers for the property. What is a few grand for him to get papers done, so as to secure a 1.3 mil property for his daughter?


Do not wallow in hesitation and act fast before your father throws this property purchase to the back of his head.


God bless.

 

[vios]

anx19,

i think you shld opt for Option (2) as advised by andie.

Since your dad is in full approval on the capital, it really makes sense to communicate to your dad about andie's explanations.

The whole idea about that is to update him on the legality issue, not so much about that negative stuffs by your stepmum.

 

[axn19]

Thanks everyone.

I've just spoken to him this morning. He was pretty reluctant to go with me to the lawyer because to him, he doesn't see a need too. He claimed that legally, I was already the owner of the houses and they were bought under my name (he got no shares at all. If I were to die before him, the properties will go to my hubby and children), he should be the one to worry about, not me. I apologised to him that I still prefer a lawyer to set record right that he gave me the money instead of loan (as I'm afraid my stepmom would use this as an excuse in the future. Sorry, saw too much news on such matter), I think he realised the crucial point of it. He has now agreed to go with me to see a lawyer and to seek further assistance.

Dunno why, I felt pretty down instead of happy when he had agreed to see a lawyer with me. Maybe, I felt guilty for not trusting him fully despite what he had given me. Nevertheless, I'm on the other hand, relieve he so called supported my explanation.

Not to forget, really thanks to you gals/guys for the advices given.

 

[clipperjunk]

i hope you told him to keep it to himself...if the stepmom comes to know about it, she may kick a fuss and try to dissuade your father....

 

[axn19]

Hi clipperjunk

Sign....I did request but dunno he will do so or not. He is that type of ppl who finds that even if he were to tell her, she got no rights to be angry about, cos I'm his daughter. He doesn't realise that I'm the one who got the nasty comments from her, not him.

Actually hor, come to think about it. I don't think he'll tell her this time. I doubt he's so insensitive about it.

Anyway, thanks for the reminder. I'll call him shortly to remind him again.

 

[bradpiit]

The people are losing their moral while becoming modern.

The society needs to be attentive that moral values. Well

things needs to be modernized but keeping intact with

moral values.

http://www.legalx.net"]Lawyer Directory[/url]