By Quentin Fottrell

“Law enforcement says they can’t prove he forged signatures, so no charges can be filed”

Dear Quentin,

My husband died in an accident a few months ago, leaving me and our 13-year-old son behind. He had no will. I have the father-in-law from hell. It was the “secondary” on his bank account and it immediately took ALL of his savings.

He also disabled our business insurance that he had no part in, preventing me from continuing the business and generating much needed income. He submitted fraudulently signed documents to the DMV to obtain a vehicle that belongs to me and my husband.

Law enforcement officials say they can’t prove he forged signatures, so no charges can be filed. My father-in-law claims ownership of a cabin – the house we shared with our son – that we built on his property. To me, everything is obviously wrong.

I never got along with my father-in-law. He is controlling and narcissistic and has always been a point of contention in my marriage. He never had or respected or understood boundaries and didn’t value my “voice”.

Grieving widow

Related: ‘I have little faith in the world right now’: My husband died after a long illness and our joint bank account was frozen. How could this happen?

Dear Grief,

In the annals of the Moneyist column, there are some familiar themes. Among them: “He said it was a gift, but she said it was a loan,” and “I thought they were co-signers on the bank account, but it turns out they’re co-owners.”

It’s time to become a lawyer. They could enlist the help of a forensic accountant and a forensic document or handwriting expert. A signature written slowly and deliberately, for example, can be a gift even if it appears to be similar to your spouse’s handwriting.

If your father-in-law had access to your late husband’s bank account, it was more than likely because he was added as a co-owner rather than a co-signer. The former is self-explanatory, while the latter has the ability to sign checks and make transactions on behalf of the owner.

From your letter it is not clear if your father-in-law was a named beneficiary of your husband’s business or if they were joint owners, but if your spouse’s share was community property, it makes sense to explore this further.

Conjugal property vs. separate property

Income earned and assets purchased by your spouse during your marriage it should be marital property, and since you are its immediate beneficiary, a trust and probate attorney should be able to help you. What about forged documents? Report your suspicions to the bank.

If your and your husband you used marital funds to build a house on your husband’s family property, you effectively built a house on your father-in-law’s property for free, but even without a solid real estate contract to the contrary, all is not lost.

Was there a written agreement? “An agreement doesn’t necessarily mean a long, formalized contract. It could be an email or a series of emails or even text messages,” says Eric Teusink, real estate attorney and managing partner of Williams Teusink in Atlanta.

“If there is such an agreement, it is essential that it be in writing,” he says. “This is because of the statute of frauds, which dictates that real estate agreements must be in writing. If so, the agreement would govern.”

Adverse possession vs. fair rights

Even if there is no formal agreement, you may still have rights to the home. “These could be in the form of an easement or a license,” adds Teusink. Adverse possession could play a role, but if your father-in-law consented to the house being built, he says, that’s unlikely.

You almost certainly have equitable rights in the home, and if nothing else, Teusink advises you to file a claim against your father-in-law for unjust enrichment. In building the house, you and your late husband greatly increased the value of the underlying property.

“The father-in-law is not entitled to a windfall, and I think most courts of equity would at least require him to pay damages in an amount calculated by taking the difference between the values ​​of the underlying property with and without. a house built on it,” he says.

What’s strange about your letter: Your father-in-law seems to have had his fingers in a lot of your husband’s pies: his business, his bank account, and even the home you shared with him. It’s hard to know if this is all a horrible coincidence or by design.

Related: “Am I a monster for keeping this to myself?” I bought a house with my boyfriend but didn’t disclose that I had $50,000 in investments. clean wine?

The Moneyist regrets not being able to answer questions individually.

More columns from Quentin Fottrell:

‘He forced me to take Social Security at 62’: My husband inherited millions but never gave me a dime. If I divorce him, would I get anything out of it?

‘Mom still has the original will’: A few months before he died, my dad went online and made a secret will, cutting out my mom

“I have no regrets”: I am 84 years old and estranged from my two adult sons. My wife of 48 years will receive my seven figure estate. Is he selfish?

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-Quentin Fottrell

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11-02-24 0720 ET

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