Intra Family Agreements
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On Sunday, January 11, 2015, the Virginian-Pilot reported that a lawsuit had been filed in the Chesapeake Circuit Court in which a woman alleged that, despite investing substantial assets to build a mother-in-law suite in her daughter’s home, paying rent and utilities for more than four years and assisting with the cost of installing a backyard swimming pool, she was “kicked out” of her daughter and son-in-law’s home.  Although it appears from the article that the daughter and son-in-law have a different version of the chain of events that lead to the woman no longer living with them, the sheer fact that this matter has ended up in the courthouse is more important than the ultimate merits of this case.

It is not unusual for family members to make informal agreements among themselves in connection with matters of all kinds.  For instance, children take elderly parents into their homes to care for them when it becomes too difficult or expensive for the parents to remain in their own homes.  Family members make loans to each other on all kinds of terms.  However, at the time these arrangements are made, it is not uncommon for there to be misunderstandings about the exact terms of the agreements or about what to do if problems arise down the road.  When problems and disagreements do arise, the stress on the family can fracture relationships and lead to a crisis that lands everyone in the last place they intended: court. continue reading ...
Special contribution by William Fralin, Esq.

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