How Do I Get My Sibling's Name Removed From My Property Deed?
I have a question. My dad, who is now deceased, put my half brother's name on the property deed. It was common knowledge that once my parents were dead, I'd get the land..But my mom decided to take her name off of the property deed once my dad died. To my knowledge, my half brother's name was added to the property deed in 2007..My dad died in 2011. My mom signed her part over in 2013, I believe. M husband and I live on the property (moved here at the end of 2012) and have paid the property tax for 2014 (possibly 2013 as well). The problem is, we've talked about moving a doublewide onto the property since the current trailer is in bad shape, or selling out. But my half brother will get half of the money from the sale when he's not physically lived on the land since 2011. How can I get my half brother's name removed from the property deed, when he refuses to sign the documents?? We've even offered to pay the fee so all he has to do is show up and sign his name. Still, he refuses, saying that my dad wanted his name on the property to protect my assets. The problem with that is if I were to die, my half would automatically go to my spouse (who I'm pretty sure my half brother thinks he's "protecting me" from, eventho my dad didnt mean my spouse when he said those words to him). Now I'm stuck and I dont kno what to do, bc my mom is no help, she says we should just come to some compromise. Any advice??
How do we transfer property (in name of deceased father) to his children? What are the charges?
In such a situation one needs to give notification in news paper about it so that if anyone have objection or if there is any will exists under someone else name he/she can object to this process. One need to wait for 15 days from the date of notification published. If no one has object then legal heirs can present required certificate to get the property registered under their name.Not sure about registration charged
My stepmother want to transfer the land titles under her name. My father died a month ago. Who should inherit?
It depends on the law and what he might have left as far as a will. It also has to do with your age. In general, when a husband dies, all of his things go to his wife. When she dies, they go to the kids. If you're the only kid, that's you. If there are other kids, it will be divided up. You can't go around her rights as a wife because she is not your mother. The law usually doesn't allow that unless there is a crime involved and she had something to do with his death. In the meantime, the legal stuff HAS to be handled now. These things can't stay in his name if he is dead. Also, property taxes will have to be paid on the land titles along with other expenses that go along with owning land. If the land was in your name, you'd be responsible to pay for them. If you are too young to be legally responsible for things, you can't own land. An adult or regent would be in charge, but again, only if you are specified in a will as the person who should get the land immediately. ALSO, if she is the title holder of the land, it's her right to do whatever she wants to with it. You can't make decisions about it if it's not legally yours. If this means she can't afford the taxes, needs money for another reason, or doesn't want the hassle of owning the land, then she can sell it to anyone she wants. You don't have a say unless it is specified in a will that you have first right of purchase (or something like that) if she wants to sell it. She is his wife. She has legal right to all of this - the benefit and the responsibility.
If 3 siblings equally inherited a house and one wants to sell and the other two don't, then what happens?
Let's assume that:After their parent's death, they agreed in writing to share ownership of the house (while dividing or selling everything else: money, financial assets, car etc.) in order to rent it, for example. Thus, the inheritance properly speaking is already liquidated.Their agreement is just for the time being, and does not include a clause regulating the termination of the shared ownership of the house.Later, they found they were unable to rent it (or to do it properly).Otherwise it does not make sense, at least to me.In that case, this dissenting sibling could sell what is his, that is, his "third" of the house. Maybe the other siblings are willing to put the money in.The house itself is not his, but belongs to the three siblings collectively, and therefore may only be sold with the three of them agreeing.
Mortgage question. My husband and I want to build on parents land. Can we get a mortgage to build?
The bank won't give you a normal mortgage based on your parents owning the land. However, there might be a couple of options. If the parents give you a long term leasehold, for instance they give you a 40 year lease on the property - say for $1 a year, or month, or $1000 a year, whatever, then you have an ownership interest via the lease. This is basically what a lot of commercial properties do. They lease the ground and own the building. The negative for this is that you won't get anywhere near a 100% loan - maybe 60%or 70% of the valuation, so you will need to come up with a good down for this, The second would be if they bring you in on ownership to the property, in otherwords you hold joint ownership with them. Then, you can get financing jointly. A final way is with a family trust. You set up a real estate trust to handle the property. The trust gets the financing and builds the home. According to the terms of the trust, the home belongs to you, while the land remains the property of the parents. The problem with this is the land doesn't stay in the names of the parents, but goes into the name of the trust, although it will remain the parent's property, so they may not go for this. Talk to a good real estate and probate lawyer about the options. Hope this helps
Can I have a corrupt executor of a will removed and someone impartial instated instead?
My mother passed away and she left a will that everything she owns should be divided amongst my siblings and I. My brother is the executor of the will. He has no intention of dividing things fairly and he intends to stop the sale of the house and land at all costs. I was told that nothing can be done without his signature and that if he feels like it he could sell the house and take all the funds for himself. When my mother passed away she had two vehicles they were both in her name. After she died he forged her name and signed the vehicles over to himself. Is this enough to have him removed as the executor? Any help will be appreciated.
My parents sold my family inheritance--never speak to tham again--AM I WRONG?
My great grandparents were farmers. My grandfather was given over twenty acres of land from his parents as part of his inheritance. The land was supposed to always stay in our family. My grandfather sold a few acres (to other family members) and then he leased a few acres out to other farmers to plant soybeans when he was to old to tend to the land. However when my grandfather died the land went to my mom. My mother had two children. Then the land was supposed to be given to my mom's children. I am very upset because I just learned that my mother sold every bit of the land. I have three children myself and was hoping that my children get their inheritance. I always wanted to build a house on part of the property but my parents would never let me--the land was in their name and w/o their consent I couldn't. Their only claim was they were tired of paying the taxes on the property so they sold it. If they would have given me some of the property to put a house on or just to have I would have been more than happy to pay the taxes on it. Yet they would not give me any land and sold it all to avoid the taxes. How much they got for the property I do not know, I would rather have the land. I am more upset that what was supposed to be my children's land belong to someone else. I am VERY UPSET!!!! My parents were wrong because this land was supposed to stay within the family!
Can my father transfer my mother's property in his name without our son’s and/or daughter’s consent?
There is lot more than just a plain transfer here. The laws of succession comes into play whenever succession happens without a Will.If your mother has passed away without any Will then her assets will be distributed as per Hindu Succession Act which clearly states that in absence of Will the property is divided equally among the legal heirs. So in your situation your father and your brother along with you have an equal right over your mother asset. So transferring the entire asset without your consent in my view is not right. Ideally the gram panchayat should have asked for a Will or a succession certificate if there is no Will. Without a succession certificate any asset cannot be given to any legal heir .In my view wife property cannot be claimed by husband alone if she has died without a Will. Read this article which explains the succession law and how the asset are distributed when there is no Will. Consult a good lawyer and put the facts in front of gram panchayat-What If You Die Without A Will? - Your Pocket MoneyDisclaimer: I am not a lawyer or law student but putting the general facts of succession law in front of you. You will have to consult a lawyer to know the rules of law related to Gram Panchayat and Succession.
My dad just died. Where can I sell his guns?
My father just passed away last month. He owned three guns that he never even used once, a rifle, a shotgun, and a handgun. I am not interested in keeping them. What is the best, easiest, fastest legal way to sell these guns, hopefully without getting TOO ripped off? What is the situation with using a Pawn Shop? Worthwhile? I kinda wanna make some money before Thanksgiving, so I am considering that route. Also, what are the legal issues or what sort of papers do I need to make sure are there when I sell, if any, and will it no longer be registered in my dad's name if I use a Pawn Shop? I know nothing of this stuff, so any help would be great. I'd like to hear any suggestions, but would prefer something timely rather than waiting for a gun show, and something definitely nice and legal in the clearest way possible. Do I need to contact anyone official before doing this, like the police or something? Thanks again. I am located in TX, if that's an issue.
My family wants to give entire ancestral property to my brother. How can I ask for equality?
If this is an ancestral property, you'll get a share in it, but if it's earned by your parents, you'd have to rely on their will. You claim that you too, have a right on it. This seems very logical and apt right now when you're single and have no other family to support.Imagine the scenario when you get married, will you be able to take responsibilities of your parents while keeping your in-laws and your husband happy and contend? Just paint the picture.I'm not saying that you can't, maybe you will, maybe you won't! If you won't, there will be no one to blame you nor you'll be held guilty for not taking responsibilities of your parents, as, technicaly you never were responsible for them.But in case your brother doesn't, he will be in the jaws of the society and will be cursed and blamed and what not, just because he's the "son".You yourself said " if the situation arises " then you'll be willing to help your parents just like a son, but your son will always be responsible for your parents whether the situations arise or not, and that's just because he's the "son".And won't your husband inherit property from his family? Would you agree taking responsibilities of your in-laws when your sister-in-law demads equal share in their property? Would stand by your sister-in-law when she demands? Would you stand for equality, as ferociously then as you are doing it for yourself now? Would you make your home, a home for your parents as well, not depending on whether the situations arises or not, but just like your brother because he's a " guy"? Can you assure that you will never back out from helping them no matter what happens?If yes, only then your claim is valid, otherwise let your brother have it. Let him have the resources to take care of your parents properly everytime everyday without depending upon the situations.P.S. I'm not saying that once a girl is married off she's not a part of the family any more, but now she's a part of some other family too, and that changes everything. You just can't get on both the boats. Especially in India, it's very rare, but if you get along with responsibilities of both the families, then you should get what you claim. And yes definitely if it's an ancestral property you'll get your share, but you can't force your parents or legally claim your share from the property they've earned.