I had been living in Seattle for several years but decided I didn’t want to buy a property in Arizona.  I wanted somewhere warmer and less expensive.

In February 2011, I went to Dallas, Texas and looked at properties.  I found some very nice properties but I really didn’t like Dallas.  I did some teaching there but after 2 months, had to return to Seattle to teach a couple of classes.  While I was there a friend of mine, who had been in one of my classes a year before suggested I come visit Phoenix as it was a booming city and property prices were highly competitive.  Once I had finished with my classes in Seattle, I drove down to Phoenix and stayed in the apartment of my friend.

We went to see a few properties and she was keen on the idea of maybe sharing a house.  I had to return to Seattle for a couple weeks to settle my affairs and then return to Phoenix to buy the property. 

While I was in Seattle, I spoke to dad and told him I was moving to Phoenix and buying a property.  He said he wanted to come out as he’d never been to Phoenix and would love to look at houses.  It was his favourite thing to do.  I said fine as I had rented an apartment for a 2 to 4 week period while I looked.  I had already secured a ‘rent to own’ offer on properties when I was down the first time.

I returned to Phoenix and was there for a couple of days before dad arrived. 

I took dad to see the properties I had marked as my favorites and my real estate agent came along too.  He didn’t particularly like the house I chose but I and the realtor both thought it was the best.  I made an offer and dad and I went out for a drink to celebrate.

That evening, dad made his pitch.  He said that I shouldn’t get a ‘rent to own’ mortgage because I’m just starting out in a new city and who knows how things will go.  He said, and I quote, “I am the only person in the world you can truly trust and I want to lend you the money for buying the property.”

I refused saying that I had already got agreement for funding but he was insistent.  He said, ”I want to do this as I never want you to feel your home is at risk.  You can’t trust anyone but you can trust me.  I don’t want any payments until you are fully on your feet and have at least $20,000 in the bank.”

Dad was here for over 2 weeks and kept on at me.  To put this in context, Dad had been visiting me every year for years and I had no reason not to trust him.  He made it clear that he had the money and he wanted to do this for me.  He put me on the spot and kept telling me I had to trust him.  Eventually and foolishly I accepted and even more foolishly, I didn’t stop dad putting the property in his name.

I moved into the property in June of that year and from that time through to his last visit in early 2016, dad visited twice per year.

Dad never asked me to start paying back the loan on any of the visits.  He was far more interested in what was going on with the Fort Smith properties.

On his last visit (2015) I told dad I needed pay him for the property as I had no security here.  He said that of course I had security.  “That’s why I insisted on paying for the property in the first place.”  But we agreed that I would pay the loan back “interest free” over a period of 5 years.  And yes, the loan was “interest free” because it was my dad and not a bank lending me the money.  He also agreed to get a US will notarized so that the properties would all be safe.

Shortly after that, dad had his ‘episode’ and fell hitting his head… then spent that day in hospital.  We didn’t talk about the house again until he returned to the UK as he was a little weird for the rest of his time here.

I contacted dad once he was fully recovered from his fall and sent him a witnessed agreement to pay for the property at the agreed price of $90,000.  I had the agreement witnessed here, then sent 2 copies to dad.  Martin witnessed both copies in the UK and then sent one copy back to me.

Rather than pay over 5 years, I decided to pay $30,000 straight away and I put that in the agreement. 

The fact that the house in Phoenix has appreciated in value should be of no concern to anyone but me.  I was foolish to ever let dad loan me the money but I have a legal agreement to buy it back from him for the original purchase price.  The house, as my attorney told me, should always have been in my name.  Mortgage companies don’t have the title to the property when they loan money.

I sent a further $16,000 but then, as the Fort Smith properties were getting to be a real issue, held further payments as I had to pay property taxes for the Fort Smith properties as well as funding 2 trips to Fort Smith.  I had full power of attorney here and we had all agreed that Barry and Martin would come out here for a couple of weeks and help me repair and decorate those properties so we could sell them. I was going to fund the trips and the repairs and offset the money I was spending against the loan. 

Both Barry and Martin agreed to that. Dad was also excited as he wanted to come with them, but Martin refused to allow him to come.   I arranged everything and messaged both Barry and Martin frequently but they both made excuses as to why they couldn’t make it.  It turned out they were running out the clock as when my father died, my Power or Attorney became worthless and they could clean up on the estate.

The Fort Smith properties fell into disrepair, were vandalized, squatters moved in and more.  I called Martin to say there had been flooding in Fort Smith and we needed to deal with the properties.  He told me that the property at risk was fine and on top of a hill.  In February of 2019, the properties had its foundations collapse through flood damage.  My brother Barry informed me that the property must be bulldozed.

During the last 4 months of his life, my brother Martin helped my father with his hospital appointments etc., and charged him £2500 for doing so.  

I believe that Martin coerced my father into removing me from the UK will and now wants to get hold of my property; which has increased dramatically in value since I bought it.

There is $44,000 outstanding on the actual loan but I spent over $5000 on the properties in Fort Smith as well as several visits both alone and with my father.  It was agreed between my father, and with the full knowledge of my brothers, that my time and my expenses were to be deducted from the outstanding balance on the loan.

My father and I had discussed the assets in the United States and it had always been his intention to give Martin and Barry the Fort Smith properties and forgive the balance of the loan on mine.

After my father’s death, my brothers demanded that I immediately pay the balance of the loan.  I advised them that I would only complete the loan repayments once they have legal standing in the United States. I would also need assurance that title would be passed to me on completion of the loan.

I had planned to contest the UK will but in December of 2019 I sent my brothers this email:

“As mentioned to Barry earlier, I have spoken with numerous firms of solicitors regarding contesting the will.  Several firms are prepared to take on the case on a no win no fee basis but they calculate that if it goes to court, court fees could be upwards of £60,000.  They also point out that although they would take their fees from the estate if they win, the best I can hope for is that the will is deemed invalid and that dad will have died intestate. If that was to be the case, as dad was married at the time, Muriel would inherit everything.  Ultimately that would mean that Susan inherits everything. 

There would be no risk for Muriel/Susan as there could be no claim on her estate from anyone in our family as Muriel is no longer married to dad for obvious reasons.

My intention was for fairness and that Joanna and Kirsty could get something from dad’s estate.  My intention wasn’t to deprive those who were going to benefit legitimately, ie. Martin/Barry and Christine.

I have decided that I will not contest the will as all that would do, if successful, is deny everyone

(except Muriel and Susan) of their inheritance.  I vigorously campaigned dad to ensure that Christine was in the will and I am not a big enough hypocrite to deny her or anyone else, their inheritances.  I have struggled for over a year with the consequences of the contents of dad’s will and what led him to exclude me.  I will not speculate further nor comment again on it.

As I am not going to employ solicitors to burn through all of the money, please consider Joanna and Kirsty when you get your payouts.  They deserve something; as actually does Rosalyn.

Chris”

Note: Joanna and Kirsty are my daughters.  Christine referred to in the email is my Danish half sister.

Martin has lied to me consistently for the past 4 years with regards to my father.  

I again told my brothers that until they had the will and the estate confirmed in the United States and the power to transfer the title to me, I would not pay the balance.