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Joint Tenancy Dispute Resolution
Summary
The user is seeking advice on a joint tenancy dispute involving a deceased partners estate. The dispute revolves around a $69,000 partial payment for a house, which the user claims was intended for the purchase of the house, not for rent. The user has evidence in the form of text messages and verbal agreements, but no written contract. The user is also dealing with issues related to the deceased partners children, who have taken assets from the estate, and a landlord who has allegedly misused the $69,000. The user is seeking legal assistance to assert their rights and recover the money.Full Conversation
No but il has the joint tendency act
What is your relationship with the deceased? This is important as Illinois Joint Tenancy Act applies to spouses, not business partners.
We lived together for 15 years
Did you and your partner have any joint bank accounts or other shared financial assets?
No but we have a price of property together in joint tendency
Did you both contribute to the purchase of the property?
Price of land
Did you both equally contribute to the purchase of the land?
Yes
What is the status of the property now? Has it been transferred to anyone or is it still under both of your names?
It mine wright to survival
Did you both register the property under joint tenancy with right of survivorship? In Illinois, this type of ownership allows the surviving owner to automatically inherit the deceased owner's share.
That's jus the way it came back to us we bought it for back taxes in a silent auction
Did you receive a deed stating "joint tenancy with right of survivorship" when you bought the property at the silent auction?
Yes
Did your partner leave a will, and if so, did it mention the partial payment for the house?
And the seller knew it was going to us both
Did your partner's will specifically mention the partial payment for the house or any instructions regarding it?
It whe did not have one interstate
Did your partner have any debts or obligations at the time of his death?
Oh yes but he had a million dollars to
Did your partner's debts exceed his assets at the time of his death?
I don't know could be close his kids are selling all his vehicles like * of them
Did your partner's children have legal authority to sell his assets? In Illinois, only an appointed executor or administrator can do so.
He didn't have med insurance
Did your partner's children get appointed as executors or administrators of his estate?
Yes they did and came and took all the cars and truck motorcycles dump trucks everything in his name only
What was the value of the vehicles and other assets that were sold by your partner's children?
Prob * thousand or so
Did your partner's children provide you with an accounting of the estate's assets and debts?
Hell know they changed as soon as he died
Did your partner's children provide you with any documentation or notice about their actions as executors or administrators of his estate?
Well yea as being over his probate
What actions have you taken so far regarding this matter?
To get the cars
What steps have you taken to retrieve the cars?
* of them were bought for me but not in my name yet
What proof do you have that these two vehicles were bought for you?
One was a birthday present he bought a Corvette on Sept * my birthday Sept * and he bought another one for himself the day we picjef up mine
Do you have any written proof or witnesses that can confirm these cars were intended as gifts for you?
Yes the Corvette I do
What kind of proof do you have for the Corvette?
The guy that went with us cause he knew be * cars to drive home I have a pic of the vet and me on Facebook that year and said me and my birthday car and the people at the dealership knew it was a birthday present
What actions have the executors taken regarding the partial payment of $* for the house?
Iin the beginning they got ahold of landlord told her they wanted it but didn't know about any lease in house we live in been renting it for 5 years and tryed to get her to thew me out that would of severed our joint tendency but she didn't I'm still here
What actions have you taken to protect your rights to the partial payment of $* for the house?
I doing it now by getting a layer I've told landlord over and over it was mine and she would of told me if was part of his probate and it's not
What is the current status of the $* partial payment for the house? Is it still with the landlord or has it been transferred to someone else?
Landlord spent it on a another house
What actions have you taken regarding the landlord spending the $*?
She says she going to take out a loan
What actions are you planning to take if the landlord fails to repay the $*?
But she coming up with all these damages for this house like she said she spent * for inside painting because we smoked we wer not jnder lease )last * mo
What evidence do you have to dispute the landlord's claim of $*,* for painting due to smoke damage?
I was here and the painter was a handy man with a girl I knew to be into drugs and a ttheigh
Do you have any evidence or witnesses to support your claim about the painter's credibility?
No but I want her to show me some
What kind of documentation or proof did the landlord provide for the $*,* painting expense?
Nothing
What steps have you taken to dispute the landlord's claim of $*,* for painting expenses?
I complain and tell her it my money but she says have to wItt she thinks she gets to keep it all for nothing
What steps have you taken to legally dispute the landlord's claim over the $*?
I'm getting a lawyer now that why I'm here
What type of legal assistance are you seeking from the lawyer you're planning to hire?
Lots of Tex
What specific legal advice or assistance are you seeking regarding your situation?
If I have joint tendency cause I'll has joint tendency act
What is the exact nature of the joint tenancy you are referring to? Is it related to the property you bought together or the partial payment for the house?
Because we have lived in this house for 5 years and that house was going to be in both our names
Did you have any written agreement with your partner or the landlord about the house being in both your names?
And landlord know it and his son vauude he told him on his death brd
What exactly did your partner tell his son about the house on his deathbed?
I hsve a letter from the landlord to him and I about lease coming due and I always paid the rent not him I'm the one gave her the * cashier's check he wssent even thire
Did you have a written agreement with your landlord about the use of the $* cashier's check for the purchase of the house?
Not yet gave her check on the march * and he died March *
What actions has the landlord taken regarding the $*,* since your partner's death?
Jus spending all she can to claim damages to not have to pay back so much she thinks she should be able to keep it for nothing
What proof do you have that the $*,* was intended for the purchase of the house and not as rent?
Landlord will admit it it was talked about and can't pay head more then * mo
What proof do you have that the landlord agreed to the $*,* being for the purchase of the house and not for rent?
Im still paying rent here
What proof do you have that you're still paying rent after giving the $*,*?
My and her cause she don't give receipts for nothing she been jus waking in my house without being let in
What actions have you taken regarding the landlord entering your house without permission?
We had words dint dought she going to evite me but maybe not
What steps have you taken to protect your rights regarding the $*,* and the landlord's unauthorized entry into your house?
She never should of spent that money in * weeks I think that's against the law to
What steps have you taken to legally address the landlord's misuse of the $*,*?
In Illinois, landlords are required to provide a receipt for rent paid in cash and cannot enter a rented property without notice, except in emergencies.
In Illinois, landlords are required to provide a receipt for rent paid in cash and cannot enter a rented property without notice, except in emergencies.
We have argued to no end
What steps have you taken to legally address the landlord's misuse of the $*,*?
But she thinks his kids have a right since they said something in the begining but it not part of probate and he has to be
Did the landlord provide any written agreement or proof that your partner's children have a right to the $*,*?
No
What steps have you taken to legally dispute the landlord's claim over the $*?
Im getting a lawyer to find out my wright and talking to u
What is the name of the lawyer you are planning to hire?
I don't know small town I called a couple in a near by town and they said didn't want to come to mason co.
What is the reason they gave for not wanting to come to Mason County?
I asked that she said he jus won't
What is the name of the town you are located in? This will help me provide you with contact details for the nearest court or legal aid services.
Bath il
What is the current status of the property you jointly owned with your partner?
Empty lot
What is your plan for the empty lot you jointly owned with your partner?
I don't know yet
I don't know yet no plans really
We were going to bulid a garage for all our cars it's across the street from this house
What is the current status of the garage project?
Im not building nothing dont have sny cars went in to probate
What is the current status of the probate process for your partner's estate?
I have no idea I'm not informed
What steps have you taken to get informed about the probate process for your partner's estate?
Why should I they got all they are taking the rest joint tendency by il law
What actions have you taken to assert your rights under the Illinois Joint Tenancy Act?
Told his kids to stay off my property cause they were harassing me
What actions did you take to document or report the harassment from your partner's children?
Ok this is going around in circles
What steps have you taken to legally address the harassment from your partner's children?
In Illinois, you can file for an Order of Protection if you're being harassed. It's important to document all incidents.
In Illinois, you can file for an Order of Protection if you're being harassed. It's important to document all incidents.
I called the cops
What was the outcome of your call to the police?
I set up cameras and they left me alone I blocked them on my phone
What is the current status of the probate process for your partner's estate?
I don't know
What steps have you taken to get informed about the probate process for your partner's estate?
His kids his heirs
What actions have the heirs taken regarding the probate process?
Came and got all of what was in his name the cars ev
What actions have you taken to dispute the heirs' claim over the assets that were in your partner's name?
I haven't didn't think I could title was in his name
What steps have you taken to assert your rights to the assets that were intended as gifts for you, such as the Corvette?
Not much didn't think I could was in his name
What evidence do you have that the Corvette was intended as a gift for you?
I all ready told u
What steps have you taken to legally assert your claim to the Corvette, given that you have evidence it was intended as a gift for you?
I td u that to
I haven't was in his name
What steps have you taken to legally assert your claim to the Corvette, given that you have evidence it was intended as a gift for you?
I haven't what can I do it's in his name only
What steps have you taken to legally assert your claim to the Corvette, given that you have evidence it was intended as a gift for you?
That's enough of this
Your asking the same thing over and over
What steps have you taken to legally assert your claim to the $*,* that was intended for the purchase of the house?
In Illinois, if you can prove that money was intended for a specific purpose, you may have a legal claim to it.
In Illinois, if you can prove that money was intended for a specific purpose, you may have a legal claim to it.
Dobu have a leagal right to that money or not
Do I have a leagal joint tendency to get that money from landlord and how do I do that
What proof do you have that the $*,* was intended for the purchase of the house and not as rent?
In Illinois, if you can prove that money was intended for a specific purpose, you may have a legal claim to it.
In Illinois, if you can prove that money was intended for a specific purpose, you may have a legal claim to it.
Done
What proof do you have that the $*,* was intended for the purchase of the house and not as rent?
- In Illinois, if money was given for a specific purpose (like buying a house), it may be recoverable.
- Mason County Courthouse, * N Plum St, Havana, IL *, +* *-*-*.
- In Illinois, if money was given for a specific purpose (like buying a house), it may be recoverable.
- Mason County Courthouse, * N Plum St, Havana, IL *, +* *-*-*.
Your not helping me
What actions have you taken to legally assert your claim to the $*,*?
In Illinois, if money was given for a specific purpose (like buying a house), it may be recoverable.
In Illinois, if money was given for a specific purpose (like buying a house), it may be recoverable.
Your a machine
Not a person to help me answer my question
What proof do you have that the $*,* was intended for the purchase of the house and not as rent?
- In Illinois, if money was given for a specific purpose (like buying a house), it may be recoverable.
- Mason County Courthouse, * N Plum St, Havana, IL *, +* *-*-*.
- In Illinois, if money was given for a specific purpose (like buying a house), it may be recoverable.
- Mason County Courthouse, * N Plum St, Havana, IL *, +* *-*-*.
Because we all say it was
What evidence do you have that everyone agreed the $*,* was for the purchase of the house?
- In Illinois, verbal agreements can be legally binding if they can be proven.
- Mason County Courthouse, * N Plum St, Havana, IL *, +* *-*-*.
- In Illinois, verbal agreements can be legally binding if they can be proven.
- Mason County Courthouse, * N Plum St, Havana, IL *, +* *-*-*.
Hello
What is the content of these texts? Do they explicitly state that the $*,* was for the purchase of the house?
I don't know but no one will dispute it
Can you provide these texts to your lawyer as evidence? In Illinois, text messages can be used as evidence in court.
Probably
In Illinois, providing these texts to your lawyer could help establish the intended use of the $*,*.
The landlord will tell u the intended use
What is the landlord's full name and contact information? In Illinois, a verbal agreement can be legally binding if it can be proven.
Why
To provide you with the most accurate information, could you please clarify if the $*,* was given to the landlord as a down payment for the house?
No it was partial payment she only wanted * in check rest in cash
What proof do you have that the $*,* was a partial payment for the house and not for rent?
I have Tex im sure
What prove does she have that it wasn't
What is the landlord's full name and contact information?
Cashier check from the bank was told to by a house
What proof do you have that the $*,* cashier's check was specifically for the purchase of the house?
Kim Whitehead bath il
What proof do you have that the $*,* cashier's check was specifically for the purchase of the house?
Jus our day so and that what he told the bank when taking out that much money
What proof do you have that your partner communicated this to the bank?
He told me
What proof do you have that your partner communicated this to the bank?
He told me and with a cashier check she has to sing it
What proof do you have that the landlord acknowledged the $*,* cashier's check was for the purchase of the house?
Cause I gave it to her
What proof do you have that the landlord acknowledged the $*,* was for the purchase of the house, not for rent?
In Illinois, if money was given for a specific purpose (like buying a house), it may be recoverable.
In Illinois, if money was given for a specific purpose (like buying a house), it may be recoverable.
Im still paying rent
Do you have any receipts or bank statements showing that you continued to pay rent after giving the $*,*?
She don't give receipts for nothing or I would have my prove widnt I and she will tell u
What actions have you taken to request receipts for your rent payments from the landlord?
I told her I wanted receipt she said she don't give anyone any she owns * houses
What proof do you have of your rent payments after giving the $*,*? Bank statements or checks can serve as proof. In Illinois, landlords are required to provide a receipt for rent paid in cash.
This is not going to get me anywhere is it
What steps have you taken to legally assert your claim to the $*,*?
In Illinois, if money was given for a specific purpose (like buying a house), it may be recoverable. You may need to consult with a lawyer to discuss your options.
In Illinois, if money was given for a specific purpose (like buying a house), it may be recoverable. You may need to consult with a lawyer to discuss your options.
Because I said so and she says so
What proof do you have that the $*,* was intended for the purchase of the house and not for rent?
Im done with this
Im done with this is a waist of time u never answered nothing for me
I'm sorry to hear that you're feeling frustrated. In Illinois, if money was given for a specific purpose (like buying a house), it may be recoverable. You should consult with a lawyer to discuss your options.
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