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Heir property - How can it get transferred to one person?

My grandfather died and he left property to all 10 of his heirs but the only person paying the property tax is my mother. Her brothers and sisters refuse to pay they told her she can do what she wants with it but i think she needs to have them signed something. What can she do

blue's picture
blue | Joined: October 21, 2005 09:17 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Dimples,

Welcome to Mortgagefit discussion board.

From what you have said it seems that all brothers and sisters are ready to give up their interest in this property over to your mother.

You are absolutely right that they will have to transfer their property rights by signing a property deed, like a warranty deed.

Do let me know if you have any other questions.

Thanks
Blue

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miller_st's picture
miller_st | Joined: January 17, 2007 04:47 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Dimples, if there is no mortgage on the property then you can use a warranty deed to get the heir property transferred in your mother's name.

On the deed all brothers & sisters will be named as grantors and your mother as the grantee. After the deed is made, your mother will become sole owner. To know more about warranty deeds you can go through this following page: http://www.mortgagefit.com/warranty-deed.html

Miller

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

[quote:26f11d8ec0]My grandfather died and he left property to all 10 of his heirs but the only person paying the property tax is my mother. Her brothers and sisters refuse to pay they told her she can do what she wants with it but i think she needs to have them signed something. What can she do[/quote:26f11d8ec0]

Your mother should clearly tell her brothers and sisters that as she is paying all the taxes they should transfer their property rights to her or start paying the taxes. As are not concerned and have said that your mother can do whatever she wants to then it is clear that they are not interested in keeping their share of this property.

The thing you need to do is consult an attorney and make out a property transfer deed, to get the title ownership transferred in your mother's name.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

A fried of mine wants to sell me her mother's house. she has a sister and a
child. Can the sister and the child block the sale of the house to me?

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jerry's picture
jerry | Joined: October 17, 2005 03:24 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Marcia,

It depends on who the actual owner of the house is i.e. whose name appears on the title. If your friend's mother alone is on the title, she can sell it to anyone. But if your friend's sister and the child, both or either of them, are on the title along with the mother, they can block the sale. However, if they do agree to sell the property, make sure you take over the title through a Warranty Deed, as it can ensure a free and clear title transfer to you.

Thanks,

Jerry

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

If my deceased great grandmonther and my brother are named on the property and he is paying the taxes, can anything be done with the property by him or anyone else.

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smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Jada!

Welcome to forums!

Your brother can remove the deceased great grandmother's name from the property deed by filing an affidavit of heirship. Once the property is transferred in your brother's name, then he can sell it off if he wishes.

Sussane

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Iam in my decease grandmother house paying taxes and huge repair like roof windows my question heirs are of the property is ok with me living here I took care of her can I deduct the repairs from my state and federal taxes She passed in 1995 paying in the thousand with no tax credit

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adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Welcome Bp,

If the property is in your name, then you may be able to deduct the repairs from your state and federal taxes. If the property is not in your name, then you'll have to file an affidavit of heirship at the county recorder's office and get the property transferred in your name.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

my grandfather passed and only two livining children are left am i a heir because my motgher was

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jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi derek,

The heirs to the property can file an affidavit of heirship at the county recorder's office and get the property transferred in their names if your grandfather had no will. if there is a will, then that needs to be probated.

Thanks

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Should all owners of a property be willing to help pay the taxes? My brother and I own our deceased parents' house, but since I live in the house I've been shouldering the tax burden alone.

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jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Anne,

All the owners are equally liable for paying the property taxes. You can negotiate with your brother so that he pays a certain portion of the property taxes.

Thanks

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

what liens do the federal or state put on property being transfered by elderly man to his sons?

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My great grand parents left several acreages of property, taxes have been paid for 20 years by one person. What can be done to get their money back, or get the property

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Great grand parents left property without a will. One person paid taxes on the property for 25 years. Does he own the property or can he get some or all of his money back

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smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Berne/Daisy!

Welcome to forums!

Your query has been replied to in the given page:
http://www.mortgagefit.com/annoucements/about41523.html

Take a look at it. Hope it helps you.

Sussane

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

GRANDFATHER PASSED. HAD 2 CHILDREN...ONLY 1 LISTED ON DEED AND DEED SAYS PROPERTY WILL BE PASSED TO HER HEIRS. SINCE I AM THE OTHER CHILD, WILL ME AND MY CHILDREN SHARE THIS INHERITANCE AS WELL. IF NOT, WHAT DO WE NEED TO DO TO BECOME LEGAL HEIRS AS WELL?

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jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Guest,

As your grandfather has left the property to one of your siblings, you won't be able to claim that property. Your sibling will be considered as the heir to the property and will have sole ownership to it.

Thanks

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi I am in receipt of the deeds to property that was left to me and 3 other siblings. We all agree to sell. What, if any form do we all sign to agree to sell?

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adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Welcome Sunny,

If the property deed has your names on it, then you will have to find a buyer to purchase a property and sign a quitclaim deed or a warranty deed in order to sell off the property.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

If my great-grand parents, owned a house, and they had 13 children, all the children are now deceased except one. Who owns the house? Does her nieces and nephews own any part of the property or is it hers. Her Parents didn't have a will.

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adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi jamerica,

If the property is in the name of the 13 children, then all the nieces and nephews will be able to claim heirship to the property. If the property is still in the name of the great grandparents, still the nieces and nephews will be able to claim their share.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My 2 sisters and I are in our 60's. We are the sole beneficiaries of mom's estate. Our dad passed 10 years ago, mom 3 months ago. The deed to the house is in mom and dad's name and the house was paid for 30 years ago. All taxes are current. We have a will naming the three of us equally. There will be no one contesting the will. Is there a simple and inexpensive way to move the home into one or all of our names? thanks

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jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Michael,

You and your siblings will have to probate the will in order to get the property transferred in your names.

Thanks

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Mother died and she had one sister on her bank account to pay her bills, found bank statements where sister stealing money. What rights do other brothers and sisters have to find out from bank what was going on with the account?

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smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi seeblake!

Welcome to forums!

As that sister is on the bank account, she can take money from that account. I don't think you'll be able to take any actions against her. Nevertheless, you and your siblings can contact an attorney and take his opinion in this matter. He will be able to guide you better in this regard.

Feel free to ask if you've further queries.

Sussane

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My mother died with no will and her house was left to my brother , sister and me. They both live in the house. Can I make them pay me rent?

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Niicss's picture
Niicss | Joined: October 3, 2005 11:54 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

You cannot make them pay the rent. They are also the owners of the property and have rights to stay in the property.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My mother-in-law is the heir of a number of acres of timber. She has been paying the taxes for years, she is the only living heir, she is elderly, has 1 living son and 1 step-daughter. She is trying to sell the land, should she make out a transfer of deed?

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jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Gerald,

When she sells off the property, she will have to sign a transfer of deed in the name of the new buyer. She should contact a real estate attorney who will help her in this matter.

Thanks

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My sister is paying the mortage, taxes and ins on a property that was left to (6) other sisters and brothers. Does she get credit for the $48K she has put in the property. She is 50% owner and the other divide the 50%.

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sara's picture
sara | Joined: July 5, 2006 03:16 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi tina,

This is something which needs to be discussed amongst all the heirs of the property. All of you need to decide whether or not your sister will be able to get credit for the $48K she has put in the property.

Take care.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My parents are deceased and they left no will. The house was left to me, 3 brothers and 1 sister. I live in the house. I pay taxes and ins. They are trying to make me pay rent or buy. I refuse. Can they have me put out?

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jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Shirley,

You are an heir to the property. So, no one can put you out. If you want to get the whole property, then you can give them a certain amount of money and get the property transferred in your name.

Thanks

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I live in my deceased fathers house have don so for the past 25 years was responsible for half of taxes during that time. Now for the past three years since the death of my father I pay all of the taxes and keep the house up with no help from my siblings. Three of my siblings signed a [url=http://www.mortgagefit.com/quitclaim-deed.html]quit claim deed[/url] signing their portion of my fathers house over to me. Two other siblings refuse to and want to be paid to which they know I have been ill and only work part time and have currently have no money. What options to I have to obtain full ownership.

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adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi john,

Unless your two other siblings transfer the property to you, you won't be able to get ownership of the property. If you can pay them a certain amount, then it will be easier for you to get the property ownership in full.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My mom is currently living in the home that belonged to her mother and father, both are now deceased and between the two there were 5 kids, two of the five kids are now deceased and the three living kids are wanting to sell the home. As heir property are the two deceased kids whom have kids still allowed to any of the money after the selling of the home

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adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Welcome DeeDee,

As far as I can understand, the kids of the deceased siblings will be allowed a share of that property. Nevertheless, it will be better if you could contact a real estate attorney and take his opinion in this regard.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My fathers father passed away in 1928 leaving a property behind that my grandmother kept. Since my grandfather passed away she had my aunt with a different man and now that my grandmother passed away she has left this property to my aunt in her will. My father has passed away too and we believe that she has no right to this property because he was not her father.

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jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi cristy,

If the will declares your aunt as the owner of the property, then you will have to go by that will. There is nothing that can be done. Nevertheless, you can still contact an attorney and take his opinion in this regard.

Thanks

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Are will registered anywhere? You answered Derek's question by saying if there is a Will then the property need to be probated. Can a property be probated without a Will. Or can a Will be willfully not disclosed. Trying to understand the process. Thank you.

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smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Raellene!

Welcome to forums!

As far as I know, after the will is probated, it should be recorded at the county recorder's office. I don't think you can probate a property without a will.

Feel free to ask if you've further queries.

Sussane

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My mother in law has been deceased for 9 years. My husband and I have living in her house. He has 4 other siblings. When we moved into the home we paid off the mortage ($17,000) that his mother has just taken out and next made the first payment; we did. And we have been paying the land taxes and some remodeling. Two of his siblings signed there ownership over and the other two will not. Is there something we can do or just cut out loses.

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jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Mariahlbrd,

You can buy them out by offering them a certain sum of money and ask them to transfer the property deed to you.

Thanks

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My mother died did not leave a will. I am paying tax, assessment fees, and other utility fees. I live in the home. I am not on morgage. but the title has been put into my name. The property is in foreclosure can I get a loan in my name for this property?

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jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Denise,

As the property is in foreclosure, it will be difficult for you to [url=http://www.mortgagefit.com/Mortgage-Basics/do-i-qualify-for-a-mortgage.h... for a mortgage[/url] on that property. You may try and [url=http://www.mortgagefit.com/refinance.html]refinance[/url] the existing loan. But for that you may have to pay off the payments that are in default.

Thanks

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

my mom and her sister have been listed on heir property and now my aunt has died and my mom is living and has been paying all the taxes on this land. how can i get my aunt off the deed since she is deceased and has living children or can it be done? the property is in arkansas.

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smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi janethicpatt!

Welcome to the forums!

Your deceased aunt's living children are her heirs. Now they can claim her share of the property. You will have to take their permission in this regard. You should contact a real estate attorney and he will further help you in this matter.

Feel free to ask if you've further queries.

Sussane

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My mom passed away in May. There is a trustee and my brother and I are the heirs. Does the trustee have the legal right to put the home in his name when he is not the heir he is the trustee? We live in California. My brother and I currently live in the home and plan on staying in the home for the remainder of our lives.

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