I Need help with family problem?

Question

My Father and younger brother had secretly worked out an agreement about 10-yrs ago, the deal was/is my brother pays dad $500/mo for his 90K house he has been living there
so its Rent-To-Own, I did not initially believe this considering
my brother is known to lie alot. but the subject came up again recently in my fathers presence and he did in fact confirm such a deal was made, The problem I have is this:
1) my father has 3-Sons and only one gets 90% of his total assets.
2)The son(my younger brother) who will get the house was not subjected to a credit check, nor did he have to make a sizable
down payment on the deal, in fact no down payment!. plus
his monthly payments are probably much lower than a stranger
would ask!. what a f@!king deal!!!.
My father kind of brushed aside me and my youngest brother
in favor of the middle one ,he just happened to be there at the right time and had the opportunity to buy/inherit the family home,its his money,but is this right?

My fathers mother(my grandmother)
died around 4/1/07 I visited my father
on 4/7/07 and found out 2 days later she had died, not from my brother or father, but from my grandma on my moms side of family, and she found out from my brothers girlfriends son when they came to visit on Easter sunday.
2 days ago my brother and father came over to discuss things, my father ranted about how much he hated my grandmothers guts for medleing in his business and my brother spoke about how my grandma was going to cut him off from her will if dad left house to him.
The way I see it is this: My Dad can do what ever he wants with his money,
the problem I have is he neglected his other 2 sons in favor of his self.
There is very limited space to tell the real details here, but I will say my dad is a real ******** and hypocrit, he has ripped off so many people and accuses
me of stealing from him and I honestly did not, guess he thinks if he does it, then his sons can too, how wrong he is.

Answer 1

Both your premises are incorrect. Your father is still alive, in good health and of sound mental state. He can do whatever he wants with his assests.

#1 will be correct IF your Dad passes away and left 90% to one son.

#2 so, you brother got a great deal. There is no law that requires a seller to have his buyer credit checked, give a DP, or even lower monthly payments. The deal was a disadvantage to the seller, your Dad. But he was not complaining.

Your father did not give (take note) the house to your brother. He BOUGHT it. He NEVER got more than you two because it was NOT given to him. It is no different than he buying a house elsewhere nor your father selling your house to someone else.

Should your father pass away today and all he had was the $60,000.00 your brother paid him, You and the youngest will each have $30,000 and the middle one will get the house.

Answer 2

Hello man... I am robert mallari and I have just graduated from law school and about to take the bar exams later this year...
Im not sure about your local laws but generally a legitimate child should have equal property rights with his/her siblings respecting family properties. However, for you to be able to enforce such right, you might be required by the courts to prove that the sale between your dad and your brother was absolutely fraudulent or fictitious and one without a valid consideration (i.e. purchase money)... basically a simulated sale for the purpose of depriving you and your youngest brother portions of your family inheritance which should be equally distributed to all three of you should the right/proper time come. The law gives protection to all children and this includes the protection for equal successional rights.... but then again, you should check this with your own local lawyers.

Answer 3

Your brother did get a deal. But as your father did agree to it and the brother is paying for the home there is nothing wrong with it.

Answer 4

legal, however, as of yet a legal binding contract does not exist to some degree. a contract for real estate MUST be in writing.. Quiet Please!!! don't tell him....but middle son does have equitable interest in the property and your father has made it known what his intentions are. plus, you 2 other kids could be f-ucking assholes..besides, a 90 thousand dollar home is probably a piece a s-hit anyway. you both a coupla babies!!!get over it!!

Answer 5

Maybe not right...but it is 100% legal. A person may sell his own property for whatever price he wants and with whatever terms even to his own detriment. I think the 90% you reference to is a will...and again he can write his will however he wants as long as he follows legal principles. If he wants to leave his entire estate to Paris Hilton and leave his family nothing he can do that.

Answer 6

I really don't see the problem here, just a jealous brother.