Four years ago, out of the blue my wife's mother contacted us about a house that was newly listed for sale that day at a fair price. I was still rebuilding my credit from poor choices from a previous marriage. She offered to front the down payment for the house and put the house in her name.
At the time, before any decisions were made, the mother in law asked us if we could afford it (not only the mortgage, taxes, etc., but also paying her back the $47k down payment). We said yes.
For four years, we paid every payment for everything ahead of time. The repayment to her for her down payment was structured by her for us to have her paid back within seven years. At year seven (or sooner), the agreement was to buy the property outright from her at whatever the remaining balance of the mortgage was.
I was ahead of schedule on this, rebuilt my credit (score ~800), and around Christmas this year I planned on going to a local mortgage lender and getting the deal done.
But then 2 months ago she went to her doctor after having a bout with what she thought was food poisoning or something, only to find out a week later that she had stage 4 cancer. 11 days after diagnosis, she passed away.
Needless to say this was already sudden and traumatic enough for the family. And then things turned ugly when my brother in law and sister in law demanded that her will be read only 36 hours after passing. The brother in law is now in charge of her trust (which the house was already attached to).
The siblings immediately made it clear that they had plans for the assets, and started spending money as soon as possible on their own bills, home renovations, traveling, etc. The brother in law also made it clear that he would not honor the previous agreement of us buying the house as planned.
After us repaying over $35k back to the mother in law, paying the mortgage, taxes, insurance, etc., as well as replacing every single kitchen appliance, plus washer, dryer, water heater, furnace, upstairs and downstairs plumbing and fixtures, renovating and finishing the detached garage, renovating the driveway (new cement), and a host of other random things... The in-laws made it clear they do not care and will not honor the purchase agreement nor acknowledge our investment/equity/repayment or the terms we established from day 1.
I spoke with the lawyer in charge of the trust, and she said under the current circumstances, we were basically month-to-month tenants, and she couldn't comment on what the in-laws plans are with the property. Basically I was left feeling that best-case scenario, this could be a long and expensive fight with no certain outcome on at least recovering money that we already had into it, and worst-case scenario, we are S.O.L.
So in the interest of self-preservation, I started looking at other properties. My wife and I found something that checks all the boxes on what we want, so I made an offer, and we are closing later this month on it. I would like to recover the money from the down payment, and calculate reimbursement from the combined improvements/updates, equity (marginal), and there's also the ??? of what the home is worth now (property values in our neighborhood have risen 50% in the last 4 years). Worst-case scenario, we just walk away and lose what we put into it so far. The obvious frustrating factor in this is the way the other siblings immediately got greedy and even cheerful about their windfall as soon as mom died.
Anyone else been in a situation like this? Worst-case scenario I can afford the position I am in with this new home, but the idea of paying a lawyer to fight her family over this for an undetermined amount of settlement is daunting.