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Updated over 11 years ago,

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John Parker
  • San Juan Capistrano, CA
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How to prevent mom from taking everything? Real estate contract or Family Limited Partnership

John Parker
  • San Juan Capistrano, CA
Posted

Hello, my name is John. Great website you have here I have been reading for quite a while. I was trying to find a solution to the following problem and was wondering what the best course of action would be. My mom, dad and me had an agreement that we were going to sell our current home, pool our resources together including savings and retirement accounts and buy rental properties out of state (most of the money belongs to me but it is mingled with my parents funds). We also agreed that the rental properties will never be sold and will be inherited or passed down. However, we cannot really trust my mom because she is dishonest and keeps reneging on our original agreement. My mom and dad are separated but still married. Our plan was to sell our current home and use our savings to buy rental properties. They need my dads signature in order to sell our current home. My dad and I have agreed not to move forward with anything until my mom signs some sort of agreement stating that she will stick to our original agreement. My mom wants to move forward and sell our home and take all our money but she knows she needs my dads signature first. Is there some sort of written agreement along the lines that my dad will sign for the house when we sell it as long as the proceeds from the sale of our home are placed in some kind of account to be used solely to purchase rental properties? Would the solution be to create a Family Limited Partnership or something else? My dad and I are a bit worried that even after we sold our house and put the money in a joint account even with a contract, she might just wire the money out to Canada because she has dual citizenship there and could just stay there without ever coming back (she even admitted that was her plan- Her and her brother inherited the house we are staying in now but me and my dad bought out her brothers half of the house in cash. She changed the title of the house from her brother and her owning it to her solely but when she tried to take out a home equity loan, without even notifying my dad or I the bank said they needed my dads signature if she wants to sell it or take out a loan against it. If not for that she may have taken everything already) What would be the best solution to prevent that from happening? I think she will go along with the original plan because she knows she agreed to it many times, she is just trying to see what she can get away with. Is there any legal way to hold her accountable. My dad and I have put our lives on hold for a long time and made plans according to our agreement with my mom. It is really stressful not having a clear legal agreement because my mom is so unpredictable. Thanks in advance.

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