My sisters Maryjane Descarpentries and Amy Chenette are trying to steal my house and initiate a forced sale. There is so much more to come, but this is just a small taste of why they will be proven to be out for a pure money grab and their lawyers are just trying to drum up more costs they will be forced to pay while all I have to invest to defend against this is time.
Smoking Gun Evidence I am Supposed to Inherit The House My sisters want to steal
1. Rich Bergeron <rich.bergeron@gmail.com>
Re: couple questions/concerns
Willis Sloat <wsloat@bailinsloat.com> Thu, Nov 4, 2021 at 10:32 AM
To: "rich.bergeron@gmail.com" <rich.bergeron@gmail.com>
Rich:
It is strange how New Hampshire handles the transfer of property when someone dies. Technically the title to the
property actually passes at the time of death, subject to reversion by the court if there are debts than must be
paid. Thus, legally right now you and each of your sisters owns 1/3 of the property. There are two ways to resolve
this:
1. the way most attorneys handle it - each sister would sell you her interest in the property which results in
transfer taxes as they are selling you something with a value of $53,333 each. (1/3 of $160000). The
transfer tax is 1.5%, so this would be a transfer tax of about $1600.
2. There is a statute that few attorneys seem to use, but which I like, RSA 564:18-b. This statute allows a
person to waive their interest in real property (real estate), if they would receive it through a probate estate.
I chose option 2 as this has the effect of causing the whole interest to transfer to you, without actually changing
your 1/3 shares in the estate. I believe that you and Amy are on the same page for this, and MaryJane hopefully
is as well. Unfortunately, MaryJane has an attorney representing her, and, if you have not discovered it at this
point, attorneys like to question things that are at all different.
A second reason that I like option 2 is that you will be assuming the mortgage on the property. While this is not
something I usually do, my guess is that it will be much easier for you, and your sisters, if the whole interest and
the whole mortgage go to you, rather than all of you having to re-convey the property and then get the mortgage
switched twice.
In the end, you should get the property and the numbers should work out the same way. There is one possible
issue that I can see MaryJane’s attorney raising which is that the value of your property has likely risen
substantially over the past two years. You did agree to take the property and signed a letter in March of 2020
reflecting the same. I have a copy of that letter and emailed it to MaryJane’s attorney in October of last year, at
the same time as we filed the first accounting, so I think that it would be difficult for her to succeed on this
argument.
I am planning on emailing MaryJane’s attorney this morning. I am hoping that they will agree with everything that
was in the package. If they do, then I would hope to have this mostly wrapped up by the end of the year, and
possibly quite a bit earlier.
2. Willis
From: Rich Bergeron <rich.bergeron@gmail.com>
Date: Wednesday, November 3, 2021 at 7:23 PM
To: Willis Sloat <wbsloat@me.com>
Subject: couple questions/concerns
The waivers of interest should be a requirement considering I am paying for everything through the distribution. I
doubt either Amy or MJ would not agree to a waiver, but I just wonder why that would not be a hard requirement
considering the arrangement I agreed to at the outset. When I agreed that the estate's mortgage payments
should be taken out of my portion that was not a quid pro quo situation. I volunteered to assume those costs
outright without requiring anything in return. There was a general understanding that I would be exclusively
inheriting the house since neither sister wanted it. Perhaps I'm making a big deal about a non issue, but I feel like
there's no reason for them to have a choice in relinquishing their interest in the property since all the financial
arrangements have been made to compensate them for the fair value of their interest in the property.
Additionally, you mention transfer taxes. Are you referring to taxes applied to the transfer of the house to me from
the estate? How is that complicated by their unwillingness to sign waivers? Probably nothing to be worried about,
but I just want to be sure I get clarity on these issues.
I sent the assent letter today.
Thanks,
Rich