Author Topic: Please send focus and calm...  (Read 4506 times)

Gaining Strength

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Re: Please send focus and calm...
« Reply #15 on: July 19, 2009, 12:17:12 PM »
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He really is not in a great position, depends how insanely vindictive he wants to be...

You are being very logical but beware that vindictiveness.  It is a power that lurks deep within.

Gaining Strength

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Re: Please send focus and calm...
« Reply #16 on: July 19, 2009, 12:20:57 PM »
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I will compromise, but not past the point where I can live a decent life. And if we have to take it to court, my attorney and I are both confident I would win. It's just stupid to go through the expense and delay of all that.

Do not let him know this.  As crazy as this sounds.  Let him think you are suffering with the "compromise" and let him think he has "won" a victory over you that causes you pain.  That would soothe his vindictiveness and push toward a quicker solution.

Hopalong

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Re: Please send focus and calm...
« Reply #17 on: July 19, 2009, 02:55:03 PM »
Absolutely, I agree, GS--.

1) Never forget the vindictiveness

2) Try to make any compromises appear major concessions

xo
Hops
"That'll do, pig, that'll do."

seasons

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Re: Please send focus and calm...
« Reply #18 on: July 19, 2009, 11:22:54 PM »

Great point GS!

Wishing you the best, Hops.  You will prevail!

ox seasons
"Live simply. Love generously. Care deeply. Speak Kindly. Leave the Rest to God."
Maya Angelou

lighter

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Re: Please send focus and calm...
« Reply #19 on: July 19, 2009, 11:28:55 PM »
Whatever you do, Hops.....

make sure you have plan B and C enforcable and in writing.

Give him X Y and Z but.....

make sure you're covered when he jumps sideways, and you know he will.

Broken promises and agreements are on the way.....

how can you head him off?

Black and white. 

Enforcable and something you can live with.

Mo2

 

lighter

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Re: Please send focus and calm...
« Reply #20 on: July 19, 2009, 11:34:49 PM »
I'm glad you're ready to stand your ground, Hops.

Not afraid and living in despair, but prepared to go through the process.

Yes.

Mud said it.... you have to stand up, there's no choice, so you do it.

About your brother's offer..... is it close to the current estimated value or above?  Below?

I didn't see anything in your post about how far off he is.

Mo2

Hopalong

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Re: Please send focus and calm...
« Reply #21 on: July 20, 2009, 12:44:52 AM »
Hi Mo2,
He's asking $20K more than I can afford (based on current tax assessment, which I offered 20% lower than for multiple reaons: 1) that's what's moving in this market now, 2) the house is in unretouched 1965 shabby condition and needs major upgrades, 3) comparables are not in this kind of repair, 4) my offer allows it to be transferred directly without realtors' costs to the estate.

At the same time he said my $20K claims against the estate are invalid. (The conservator already turned in to the court her report that emphatically stated I should be repaid for the multiple checks I wrote to the nursing home, for her caregivers, her real estate taxes...). She stated that I "left myself considerably in debt and this should be settled from the estate."

I know a judge would take her report as responsible and enforce it. But...having to go back to court to achieve that may involve:

--a court-ordered appraisal of the house coming in too high for me
--all the lawyers' new fees (but my atty. has already said that they will ask the court to have my brother, not the estate, be responsible for the costs of any new litigation)

So I'm meeting with my advisors to figure out what I can actually afford, and that's what I'll counter. The only thing I can put in play that may assuage his obsession with the stuff in the house if to surprise him by saying, take anything you want. I already have sentimental items and a few other things marked for me. Take it all, I don't care. And then not budge on the price.

But if he does that, it will be with me absent, and with someone representing me present, and that will be the last time he visits this house.

Hops
"That'll do, pig, that'll do."

ann3

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Re: Please send focus and calm...
« Reply #22 on: July 20, 2009, 11:50:47 AM »
Hops,

I may have missed it, but, have you obtained an appraisal?

Assuming that your price is within ballpark of the appraised value, I think it sounds like you're in good shape.  The extra $20K he's asking can be offset by your claims against the estate & the conservator agrees.  In fact, I wonder if he's asking for the extra $20K so that he will not have to reimburse you for the $ you spent of the nursing home, caregivers & RE tax.

Stick to your guns, it's a bad RE market for sellers & I think your 4 reasons are good.  However, let's assume that the court agrees with your brother's price:  If that occurs, ask to pay it out over time, instead of a lump sum.  

Sounds like the court & conservator are sympathetic to you.  Please keep in mind that,   generally, courts do not want to put people out of their homes, especially in this economy.  Make sure that you make it very clear to the court that you love the house & want to stay & that you are on a very, very tight budget.  It's very important that you maintain the sympathies of the conservator & the court.

I'm sure you know not to communicate directly with your brother re: the contents of the house.  All communication should be thru your atty.

On Edit:  I see you're basing your price based on current tax assessmsnt.  Tax assessment is not always an indicator of market value becasue some municipalities use funky formulas to calculate value for tax assessments.   An appraisal is probably the way to go.  Have you spoken to your atty about this?
« Last Edit: July 20, 2009, 12:09:22 PM by ann3 »

lighter

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Re: Please send focus and calm...
« Reply #23 on: July 20, 2009, 12:26:43 PM »
Hops:
 I pray that your brother will be held responsible for adding time and legal expenses to a situation he's caused and continues to drag out.

::picturing Hops twirling happily in her garden, after all this passes::

And it will pass ((Hops.))

Hopalong

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Re: Please send focus and calm...
« Reply #24 on: July 20, 2009, 03:32:19 PM »
Hi Ann,

I've gotten "price opinions" from a few local realtors, not formal appraisals. (Perhaps I should, but I'm afraid a formal appraisal might favor him--but it may be necessary to make the court happy, if we have to go that far).

I may have to compromise more than I want to. All I'm worried about is compromising more than I CAN, so I'm getting guidance. An accounting-savvy friend is helping me do a financial forecast so I can easily see what I can afford. It may come down to whether I'll have to have housemates for the rest of my life in order to keep my home. Right now, it's not bothering me, I kind of enjoy them, but it could get old. I have a friend who does that...rents out part of her home, and she finds it a very satisfying solution.

It's looking as though what I'd have to pay monthly to stay would be about the same as what I'd pay for a decent apartment, nothing fancy, but not bleak--say a modest 2 BR. So, since I have a strong attachment to the place and a child I'd like to leave it to (or the value of it to) one day, I think it's a battle worth fighting, at least now.

If I should leave the place, I'd rather do it on my own terms.

But I figure, it doesn't matter if we call it "repaying her $20K she spent on her mother's care, etc." or him getting approximately that much less. So if to make him feel he's won a point I let go of my claims, that's fine (but only if the price to me comes down very close to the same amount).

I have a feeling whatever will allow him to save face, in some way, would help.

And I have no intention whatsoever of communicating with him directly. I have no trust at all in him and never will. He has destroyed any possibility of a future sibling relationship, and after (oddly) some low-level grief for a while, all I feel about it now is clarity and relief. He's pretty monstrous, and dishonest to the core.

M02, thanks for the vision, I hope it comes true too!

Thanks everyone, this is so very helpful,

Hops
"That'll do, pig, that'll do."

sKePTiKal

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Re: Please send focus and calm...
« Reply #25 on: July 20, 2009, 04:03:41 PM »
Hops, in this market it's probable and likely that any appraisal will be low - and in your favor. Especially, as you you describe the property being in need of both cosmetic and substantial repair/updating. In fact, this new trend among appraisers is driving some people nuts as they try to refinance! But this is one time, that the house's condition should work in your favor. An appraisal may cost a few hundred dollars... but the value of it - especially, if you have to go court - will be 10 times that.

Where you live, might have some influence on the properties value - proximity to the uni, etc. I know that our property has dropped by a least a third of the last appraised value (in 2005). Tax assessment also dropped. Our house is also pretty "dated"; a 70's ranch that hasn't been "prettied up" for today's taste. It suits us... but wouldn't be a "hot item" on the market because we've left it pretty much "as is". Our only saving grace, is the fact that our land is almost a half an acre - within the city limits -
and that we have a supersized garage.

Wouldn't hurt to find out how much an appraisal cost...

Other than that - you're as calm & focussed as ever! Your plan looks solid and air tight.  :D Good to see you being beyond the evil B's attempts to push your panic buttons.
Success is never final, failure is never fatal.

intrinsic mothering

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Re: Please send focus and calm...
« Reply #26 on: July 20, 2009, 06:12:20 PM »
Sending you love..
You may find this calming..I'm sure it works..            http://www.youtube.com/watch?v=_
Best of luck

Hopalong

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Re: Please send focus and calm...
« Reply #27 on: July 20, 2009, 08:22:18 PM »
Intrinsic Mothering--

Can you repost that link? I just got a big page of multiple videos, not sure which one you were directing me to...

thanks!
Hops
"That'll do, pig, that'll do."

intrinsic mothering

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Re: Please send focus and calm...
« Reply #28 on: July 26, 2009, 05:16:55 PM »
Hi hopalong,

here's the link   http://www.youtube.com/watch?v=phL0RLKL8bc&feature=related

But if not try

http://www.youtube.com/watch?v=_b1GKGWJbE8&NR=1

WE ARE INCREDIBLE PEOPLE WITH STRENGTHS WE CAN ACCESS WHEN NEEDED. definition of incurable..curable from within!

MEGA HUGS

Hopalong

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Re: Please send focus and calm...
« Reply #29 on: July 27, 2009, 12:46:41 AM »
Intrinsic,

Thank you for your kind wishes, I appreciate it.

Hops
"That'll do, pig, that'll do."