Coin Collection Payment Dispute

Summary

Sharyl in Oregon is concerned about her sister in Georgia not paying her $12,000 for half of their mothers car. She considers withholding her sisters share of their fathers coin collection until payment is made. Sharyl has a general durable POA for her mother, who is in poor health. The sisters have a TOD agreement on their mothers property and investment accounts. Sharyl is exploring legal options, including placing a lien on her sisters share of the property.

Full Conversation

can i keep my sisters half of my fathers coin collection until she pays me what she owes me for my half of my mothers car which we both agreed upon
Did you have a written agreement about the payment for the car?
we had a verbal agreement
What was the exact nature of the verbal agreement? Did it include a timeline for payment?
i am my mothers poa and when she lost her license i agreed to sign the car over to my niece and would receive half of it's value upon my mothers death
Did your mother pass away and if so, has your sister failed to pay you your half of the car's value as agreed?
my mother has not passed away but my sister is now very angry at the two of us and says we are no longer her family. i am afraid that my sister will not give me my half of the value of the car when my mom passes
Did you document the verbal agreement in any form, like emails or text messages?
we spoke in person a few times about it and i have paperwork that she sent me about the car
What does the paperwork she sent you about the car say?
documents stating the cars worth
What is the estimated value of the car according to the documents she sent you?
$*,*
What is the estimated value of your father's coin collection?
$*,* valued in *
What is the current estimated value of your father's coin collection?
i can estimate that it is worth about $*,*
What is the amount your sister owes you for your half of the car's value?
$*,*
What is the reason your sister is refusing to pay you the agreed amount?
she is angry that my mom chose my daughter and i to be her poa over her. my mom didn't want her as poa as she is an alcoholic and has started drinking again
What steps have you taken so far to resolve this issue with your sister?
i can't resolve it because she will not speak to me
Have you considered seeking mediation or legal representation to help resolve this dispute?
that only works if she will attend which she will not do. we live in different states
Have you considered taking legal action against your sister for breach of verbal contract?
how would i do that?
You can file a lawsuit for breach of verbal contract. However, proving a verbal contract can be challenging. It's advisable to consult with a local attorney.
can i keep her half of the coin collection until she pays me?
What is your sister's agreement or stance on the coin collection?
that it belongs to both of us equally
What steps have you taken to secure your half of the coin collection?
i have the entire collection stored in a gun safe and only i have the combination
What is your sister's current location?
georgia
What is your location?
oregon
What is the nature of the agreement between you and your sister regarding the coin collection?
that we are equal owners of it when my mom passes
What steps have you taken to ensure your sister's share of the coin collection is secure until she pays you for the car?
i store it in the gun safe
What is your plan if your sister demands her share of the coin collection before she pays you for the car?
to not give it to her until she pays me
What legal steps have you taken to ensure your sister pays you for the car?
i have considered placing a lien on her half of my moms property which we have a tod on
What is the value of your mother's property on which you are considering placing a lien?
$*,*
What is the nature of the TOD (Transfer on Death) agreement on your mother's property?
that the property is ours when she dies. */*
What is the current status of the TOD agreement? Has it been officially recorded?
what do you mean?
Is the TOD agreement officially recorded and recognized by the relevant authorities?
yes
What is the current status of your relationship with your sister?
she says i am no longer her sister and has not contacted me since she said i am no longer her sister
What steps have you taken to ensure your legal rights are protected in this situation?
i am trying to find out what options i have
What steps have you taken to document the verbal agreement about the car?
i don't know what steps to take
What proof do you have of the verbal agreement about the car?
my daughter was there when we verbally made the agreement about the car
Does your daughter remember the specifics of the agreement and would she be willing to testify if needed?
yes
What is the current status of your mother's health?
she is in very poor health and she is in the end stages of vascular dementia
Do you have a legal power of attorney for your mother's financial matters?
yes
What is the nature of your Power of Attorney? Is it durable or springing?
it is a general durable poa
What is the current status of your mother's estate planning, including her will and any trusts?
the will leaves everything to my sister equally and the property and investment accounts transfer to my sister and i on her death
What is the estimated value of the investment accounts that will be transferred to you and your sister upon your mother's death?
around $*,*
What is the nature of the investment accounts? Are they joint accounts or does your mother have sole ownership?
we have someone who does the investments for us through edward jones
What is the nature of the agreement with Edward Jones regarding the management of the investment accounts?