Legal Question in Civil Litigation in Colorado

property

Hi,

Thank you for your ideas. My grand mother died 20 years ago. Her house was left to her 3 daughters. Of the 3 one has died and left to her 3 adult children. (I'm using Inititals to shorten things)

So now the owners are

X, Y and the 3 kids(3k). Each owns 1/3 of the house.

I am the son of Y. Y and the 3k want to get a mortgage on the house for improvements. X, will have no part of it. The house needs the improvements to maintain it's condition. X, will not listen to us that the improvements are a necessity according to a structural engineer we hired. We want to move forward so the house doesn't shift and X is the sticking point to getting a mortgage. Basically Y and the 3k don't have the money to fix the house. Thus, the need for the mortgage.

X has lots of money. Any ideas on how to go around X? Now that this has come up, we feel as if X is doing something that is shady. Is there something she doesn't want us to know,

that a mortgage would surface questions about. Say for instance, X is using the house as a tax write off and not telling Y and 3k? or something I am not aware of, because X is really giving resistance.

Finally, on the property deed X's name is listed as a ''trust'' should Y and 3k be concerned about thi


Asked on 2/22/06, 3:59 pm

1 Answer from Attorneys

Francisco Romero F.L. Romero Esq., P.C.

Re: property

Sounds a bit messy. Given the short facts you've provided, the best advice I can give you is to consult with a real estate lawyer. There are ways to partition ownership and other procedures that may be available. The ownership status needs to be clarified - if X is listed as a trust, then the trust is the 1/3 owner, not X -and if the trust does not really exist, X may have no interest at all. A good real estate attorney can help you clarify these issues and lay out potential options. It is definitely not something I would recommend you do yourself.

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Answered on 2/22/06, 4:40 pm


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