I've read all 4 pages, including OP's update. Here's what I think. Take my opinion for what it's worth...which is worth nothing really...just like the rest of our opinions here.
- Your DM has no legal rights to get any money from you & DH when your house is sold...assuming that her name is not on the deed/title to the house.
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Are you a lawyer to be able to say this so emphatically?
The OP said that the money her mom gave her not only paid for the apartment, but also added additional living space for her family. So, her family has been benefitting from her mother's money too. I would think that she would at least be liable for paying Mom back for the additional square footage that was added for her family's enjoyment.
The OP will be benefitting from additional value to her home on the sale, so the fact that she paid taxes on this addition only makes sense. She has a bigger house, she is taking the profit from the addition, so she absolutely should have been paying the real estate taxes on the bigger house.
The OP has siblings. How are they going to react to Mom not getting her investment back on the sale of the house? They could see this as part of their inheritance. The OP did do maintenance on her larger house, she paid the taxes, but she is also benefitting from the increased value, so the additional taxes and home owner's taxes are a wash.
There may be tax liabilities too. In 1998, the maximum IRS gift exclusion was $10,000. Was the money claimed as a gift and taxes paid on anything over the max gift exclusion? If not, will the IRS see it as a loan and require payback to Mom?
As an example: we have a relative that paid off my mother's house when she retired so that she could continue to stay in her house. The money was over the IRS annual max gift exclusion. Per their tax attorneys, she did not claim it as a gift and then have to pay taxes on the amount over the gift exclusion. But us children know that we have to pay the relative back when she passes away
or the house is sold, otherwise the estate will be liable for the back gift taxes plus interest - a whole lot of money! A good tax attorney would be able to advise the OP if she is liable for any taxes on the gift or if she could avoid those by paying Mom back.
The OP also publicly acknowledges that the original agreement between daughter and mother was to be for life. Did mom hand over the money with the agreement that the arrangement would be for her life? What legal obligations does the OP have to her mother by changing the agreement now? There may be some compensation necessary for Mom to maintain a similar lifestyle. A lawyer would be able to best advise the OP.
The OP needs legal advice. No one can help her with her moral dilemma, that she owns.
appleplie said:
Sorry this is so long......
DM paid for the addition of an in-law apartment on our home which included some additional living space for us as well.
The apartment and additional living space has contributed to the current value of the home She will be able to afford her rent for the new apartment, but it will drastically impact her standard of living-which will also make her very angry and resentful. I am willing to help her out with some expenses-but do I owe her more than that?? Any thoughts??