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Court Term to Force Siblings Name Off Deed

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Icon Mini Profile Krate1





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Post Posted: Tue Nov 20, 2007 5:04 pm    Post subject: Court Term to Force Siblings Name Off Deed
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Brother raised 2 sisters in parents home (30 + years ago) after he took house out of foreclosure. Two older siblings turned over their portion to brother (he owns 3/5. No will was left. 2 sisters now want to be paid rent for all these years. Brother has paid taxes and completely remodeled house. What would be the term to take sisters to court to have sisters names removed from deed? Sisters name's are not on the deed but the original deed states home is to be left to heirs. Only brothers name is on deed. Want to remove sisters names from deed. Tried to make a deal by getting two market analysis but lawyer has not responded. Sister contacted a lawyer and threatened to take brother to court now lawyer will not respond. Thank you.
Jonny

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Post Posted: Wed Nov 21, 2007 2:25 am    Post subject:
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Hi,

I will suggest you to negotiate this family problem with the sisters and better not to go to the court. Consult with them and you can transfer their share of the property to them by signing a quitclaim. You and your sisters are the heirs of the property. So, all of you should get some portion of the share of the property.
Icon Mini Profile evolovik26
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Post Posted: Wed Nov 21, 2007 6:49 am    Post subject:
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ok could you be clear as to who is on the deed?
you have 3 different statements:
Brother owns 3/5 of the home
Brother is the only one on the deed
Brother wants to remove sisters from the deed

In all cases he is part owner so he doesnt owe rent to no one. If anything some people might be owning rent to him.

However if the sisters are part owners of the home then they are entiled for part of the proseeds should the home sell.

So the solution would be to work out an arrangement or to buy them out.
All they need to do is sighn quitclaim deed to be removed from the ownership of the property.

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Post Posted: Wed Nov 21, 2007 11:06 am    Post subject:
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Sisters will not sign off, will not accept the market analysis. Brother is not planning to sell.
Icon Mini Profile jasonredding
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Post Posted: Wed Nov 21, 2007 11:45 am    Post subject:
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No rent should be owed if there was never a rental agreement in place. That would be for a court to decide. I am no lawyer but with out a lease or rental agreement between the siblings then there are no back rental payments due.

If sisters' are not on Deed they own nothing.

The last statement was that the brother wants to take sister's to court to remove them from deed, brother is only name on deed. You can't remve something that isn't there unless you are refering to the deed saying that it be left to heirs. Which would now refer to his heirs because the parent were removed to put the brother's name on. Sounds like a lot of hot wind is being made by sisters. brother should get his own lawyer and sit back if they are not on titkl there is nothing they can do. If brother wants to be practive get an attorney and have him file a new corrected deed.

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Orchard Park, New York
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