RMO Case Spotlight

Surviving Spouse & Sibling Dispute Over Property

Snapshot

Client’s Capacity:

Surviving spouse

Amount In Dispute:

$300,000

Client’s Goals:

Negotiate efficient and favorable resolution of sister-in-law’s reimbursement claim. Receive what she was entitled to as a surviving spouse. 

Legal Issues:

Tenants-in-common and life tenants to jointly owned property.

Defense of offset for value of use of property.

Resolution: 

Quick resolution of emotionally taxing intra-familial dispute.

Client obtained absolute maximum, best-day recovery for minimal spend.

Client receives sale proceeds that were held hostage by sister-in-law’s claim.

Background

Our client came to us following the death of her husband regarding a jointly owned property with the goal of negotiating an efficient and favorable resolution. Her husband had purchased a home for his sister, our client’s sister-in-law, to live in. The sister-in-law lived alone in the home, and the home was owned equally by our client, her husband, and his sister. After the passing of her husband, our client became ⅔ owner of the house. After our client’s sister-in-law moved out of the home, they decided to sell. However, the sister-in-law came to our client with demands for reimbursement for various expenses incurred in connection with the house, including property taxes paid, maintenance, improvements, and repairs. 

Solution

RMO stepped in and quickly brought a resolution to an emotionally taxing intra-familial dispute. First, the firm secured a Rule 11 agreement for the safekeeping of any sale proceeds of the home as negotiations continued, so the sale could be completed. After demanding proof of claimed amounts, we identified detects in proof, researching and identifying valid defenses to the sister-in-law’s contribution and reimbursement claims. Based on the findings, we were able to negotiate and secure a settlement while maintaining a delicate balance of assertiveness and remaining amicable to not break familial ties. 

Results

Following RMO’s efforts, the sister-in-law dropped the entire reimbursement claim and received her ⅓ interest in the home, with the remaining ⅔ of the proceeds distributed to our client. This was achieved without severing the relationship between parties, which was especially important to our client.

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