Legal Question in Real Estate Law in Illinois

Thank you for taking my question.

In response to Stephen Messutta

The Original Question is Below.

First, privacy may be the least of your issues right now:

Where did the money come from to buy the home?

>I provided around 95% of the purchase money for the home. The only other funds that went towards the purchase was my mom's down payment of $500.

Was your brother aware of the purchase?

Yes. This is an area of tension. We tried to work together on a housing solution for our mom at the time (she had no $ and was living on $600 a month or so). Brother owned a 1,000+ sf condo, was moving in w/ his wife and couldn't sell it because the market was sour and the condo was pretty much functionally obsolete. He was wanting us to split the bills on his condo for our mom to live there(which would've been outrageous, as the home was way too much for her) and wouldn't speak to me when I tried to work on another alternative arrangement. I found a cheaper alternative in a mobile home, and he did nothing to help.

Why was it put in your mother's name?

I put the home in my mom's name, because I didn't want any liability associated with it. I also was afraid that when it came time to sell, that I might not have a buyer and may need to walk away from it. I didn't want to take a financial or credit hit for doing so.

How did the mobile home park get a hold of the sales agreement?

They were the selling agent / their sister company was

Is it a signed sales agreement and is the buyer prepared to close?

It has closed.

Have you been to court about the estate?

No. I suppose I was being general about my brother stealing from the estate. The skinny of it is that my mom recieved an insurance settlement, after she was in her new home, of about 60k. She asked my brother to warehouse the $ for her. She had an atm card, but the money was in his name entirely. He ignored her, even when she had cancer. She had him hold the money as a means of trying to bring him back into her life. I protested her doing this, but I wasn't going to let her mistake tarnish the remaining time I had with her. I know this money is considered "gifted" in the letter of the law, as I have documentation that the money was put into his account, receipts from the account, but nothing in writing stating his promises to split the money, which she made totally clear to everyone.

So: you're wondering why I give a flip about the info being shared?

One of 3 things will happen.

Brother will:

A) Sue, thinking he has a case for half the proceeds. By the way, On the sale at 9,000. After commissions, repairs and rent paid after mom's death, I will net less than $3,000.

B) Screw me out of a portion of the money he was supposed to split with me down the middle. Even worse, because my brother is really stupid, he'll look at a sales price of 9,000 and figure that was all cash ahead for me at the sale.

C) Screw me out of the money regardless.

Bottom line: I did not want him knowing about my personal affairs. There were 3 parties involved in the transaction: buyer, seller, agent.. maybe 4.. the community. The prick at the community went out of his way, well out of his way to share this info with my thieving brother.

Hope this isn't too heavy on the details, I didn't realize the first run was so light. Sorry about that.

An attorney may have additional questions before being able to help you. But if you include this information perhaps it will assist. Assuming the situation is based in a "privacy" claim may just limit the options to figure it out. Thanks.

Stephen Messutta

250 S Northwest Hwy Suite 300

Park Ridge, IL 60091

I purchased a mobile home for my mother 3 years ago. The title was placed into her name. She signed the title over to me before her passing. I completed the transfer of the property into a trust 2 months after her death by going to the DMV and following proper procedure.

I have am in the process of selling this asset, which is in no way shape or for attached to my mother's estate. That being said, the jerk at the mobile home park contacted my brother who is the executor of my mom's estate and has stolen money from it. He went as far as to fax my brother a copy of the sales agreement. I feel that in doing this, he has clearly violated my privacy and shared private information with a third party without my consent. He has been interrogating me, insinuating that I had done something illegally, despite the fact that I have all of the necessary documents to properly transfer ownership. By the way, I stand to recover about $7,000 of the $30,000 I have spent on the dump. Has my privacy been violated and what channels should I take to hold this jerk accountable. Thank you for your help.

Cost: Free

Illinois | 61008 | Real Estate and Real Property

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2/18/10, 12:03 pm

Answer (1 of 1)


Asked on 2/18/10, 10:45 pm

1 Answer from Attorneys
Stephen Messutta

You're welcome.... I understand the situation a bit better, but there are still missing pieces. Your mom apparently left a will (you say your brother was the executor). If so whoever had the will was supposed to file it in court; if it hasn't been filed it still should be filed. There are certain things an executor is supposed to do! While a probate estate may not have been required if all the creditors of the estate were known, your brother may be acting in a rogue manner and contrary to his legal obligations to the estate. You in fact may be considered a creditor of the estate because you lent the $ to buy the trailer (even though you apparently decided not to show yourself as lienholder on title --- you could have as lienholders are generally not "liable"). He may be in a conflict of interest contending the $60K he gave her was his when it sounds very much like her wanting to entrust him with it for her benefit in an effort to maintain a relationship with him, and not necessarily as an outright "gift", and by attempting to convert the trailer to an estate asset for his benefit. Are you not a beneficiary of the will? What is going on with it? You really need to take all your paperwork and information (including evidence of your paying for the trailer....) to a probate attorney. If your brother won't "settle" things with you, you will have to consider either a probate action, or as you say another kind of lawsuit (possibly what is called civil theft -- conversion). Then if she did NOT have a will then he would not be her "executor" but at best a court appointed "administrator" and you may have the right to contest that appointment. Because the timing is also uncertain the clock may be ticking on your legal rights. You will need to decide what it is you really want out of this situation, and an attorney who does wills, probate and estates on a routine basis can help define things more clearly but that is the direction I see it going in. I hope this helps motivate you!!!!!

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Answered on 2/24/10, 9:02 am


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