Legal Question in Real Estate Law in Indiana

MY DAD DIED 8-28-09, & HE LEFT EVERYTHING TO ME. INCLUDING A MOBIL-HOME, THAT HE OWED 1/2 WITH MY BROTHER-IN-LAW. I HAD DADS NAME REMOVED FROM THE TITLE, AND MY NAME PLACED ON IT ALONG WITH MY BROTHER-IN-LAWS. I ALSO HAD A LIEN PUT ON THE HOME, AND MY BROTHER-IN-LAW SIGNED A WRITTEN CONTRACT,(NOTORIZED), STATING THAT HE WOULD PAY ME $4,000.00 FOR MY 1/2 OF THE HOME. HE MADE 2 PAYMENTS, THEN SAID A CAR LOTS THAT I "OWED" FROM 5 YEARS AGO, WAS COLLECTING THE MONEY NOW FROM HIM, AND THAT I WOULD HAVE TO GIVE THE TITLE TO THEM WHEN THE $4,000.00 WAS PAID TO THE CAR LOT.....I GET NONE OF THE MONEY, YET I SEE NO PROOF OF THEM PAYING ANY MONEY TO ANYONE, AND I HAVE NOT BEEN LEGALLY NOTIFIEDBY ANY LAWYERS CONCERNING THIS "3rd PARTY". I WOULD LIKE TO KNOW WHAT I CAN DO, IF ANYTHING, TO COLLECT THE MONEY, OR EVEN EVICT THEM FROM THE PROPERTY. YOUR HELP ON THIS MATTER IS GREATLY APPRECIATED. THANK YOU,....ROGER ZICKEFOOSE SR.


Asked on 12/28/09, 2:31 pm

1 Answer from Attorneys

If you do not know of any liability that you have, I suggest that you have a judgment search performed. If there is a judgment, you can go to court and determine whether there is a supplemental proceedings pending that would require your brother in law to pay sums owed to you to that creditor.

You can sue in small claims court for payment if there is no garnishment or turnover order.

Since he owns 1/2, you cannot evict him. However, you may be able to force a sale in a partition lawsuit.

Good luck.

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Answered on 1/04/10, 6:36 am


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