there is no morgage on the house and we have been paying all the taxes and all the bills associated with the house. now deceased niece (wifes mother) who doesn't work wants rent money. She won't even help to fix the place up. she just wants to pocket the money. Is there anything legally we can do considering deceased name is still on all the documents for the house and he has been dead for 5 years now? We've been here 3 years and have done alot of work on the house including paying all the taxes and bills. Any help will be greatly appreciated.
2006-07-10 12:51:24 · 9 answers · asked by nick23 2 in Politics & Government ➔ Law & Ethics
Was probate ever filed for the rest of Uncle's estate? If not, it needs to be filed now in order to get the house out of his name. What happened to the rest of the Uncle's assets? Who took care of paying the debts of the deceased after he died?
Did Uncle have a will? If so, the house goes to whoever he named in the will. If there is no will, and without the name of your state, no one can tell you definitely who gets the house. It all depends upon the intestate laws of your state.
Here's the usual line of who inherits when there is no will, but again this will differ depending on the state;
1) Did Uncle have any children or a spouse? They would be first in line to inherit, and would share the assets. If there are no children and no spouse, then
2) Usually the parents are next. If they are BOTH dead, then
3) Siblings of the diseased would split the estate evenly among them. If ALL the siblings are dead, then
4) If there is no spouse, no children, no parents, and no siblings, then the estate would be divided among ALL the neices and nephews.
Best advice is to see a lawyer.
2006-07-10 13:06:30 · answer #1 · answered by Mama Pastafarian 7 · 1⤊ 0⤋
RELAX believe it or not you have many rights.i assume you are in U.S. I was in a situation very close to yours If you have alll the check stubbs and other proof of your involvment tax reciepts etc. THE HOUSE IS YOURS IT is called ADVERSE POSSESION.have you lived there openly and notoriously; i.e.not kept it a secret then you have more rights than whoevers name is on the deed! fact! you need to get a real estate attorney who is famialiar with this concept of adverse possesion most lawyers dont so call around and dont forget you are in possesion and have 9/10 the law on your side.you will hear many tell you otherwise but she has the burden of proof against her the niece has more of a stuggle than you do .see you prooved you are responsible by paying the taxes and fixing the place up the court will ask her what she has don to proove herself.name on the title means a lot less than you think.if you were a renter she would have to take you court to evict you but since you have paid the taxes you are buying her ''share'' of the house out from under her. she has more of fight than you do if you have the proof of your involvment she basicly has nothing .My situation was my bro died and i lived in the house and paid the mortgage etc my mother name was on the deed and paid the taxes my other 2 sibs did not contribute monetarily so as time whent on their stake was less and less as i bought the house from under them. relation means less than doing something about it you are doing something she is not so you have the advantage ,dont give up and make sure its a real estate lawyer there are not many who specialize in that field so look far and wide .Here is some more good news for you precedent has been set
2006-07-10 13:23:19 · answer #2 · answered by Dan B 4 · 0⤊ 0⤋
If you can afford it, get an attorney. If you can't afford one, call the legal aid office in your town. His name should have been removed at the time the paperwork was done after he died. But it's not too late. You need to get a certified copy of his birth certificiate though - not hard to do. Health Department. Who was in charge of his estate? They may have to be involved. If it is the mother - and she's like you say she is, you definitely need an attorney. You can also try calling your local courthouse. After you explain it once, get transferred, don't be surprised if you get transferred again. Ask for the Estate Division and they can help you possibly file the paperwork. Good Luck!!
2006-07-10 12:58:32 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Was there ever a legal power of attouney? Is their an estate account set up for your uncle after he passed? Who was his first of kin such as children or parents? If not the power of attorney would be vested to siblings.
Unless he stated in a will that you were to get said real property, then it becomes the property of next of kin and usually a neice or nephew arent the next of kin.
I would be civil with all parties involved but I think SOMEONE needs to get an estate attourney.
2006-07-10 13:01:54 · answer #4 · answered by azagothoth78 1 · 0⤊ 0⤋
If your name is not on the deed you are not the rightful owner. I'm surprised this wasn't changed at the time of death. If the mom-in-law is rightful owner you can buy the house from her. Check with a local Realtor to get a fair market analysis of the house if it was sold on the market today. Or you can pay rent and hope she dies young and leaves it to you. Good luck.
2006-07-10 13:03:16 · answer #5 · answered by Anonymous · 0⤊ 0⤋
It concerns no longer how lengthy you've resided contained in the resources. durability in living in a house does no longer placed across or grant you with possession of a resources. There are states that can allow you to to living house a resources by employing living there without the permission of the owner, paying the taxes and living there brazenly. curiously this isn't the case because curiously the owner, your father, knew you've been living there. the in ordinary words way you should be able to declare a resources as your resources is to be on the identify deed. curiously you, because the baby, of your mum and dad at the instantaneous are not on the identify deed, for this reason you have not any criminal rights or standings in this remember. "Et Ux is a time period used on identify deeds meaning "significant different or spouse." on the grounds that that's, so curiously as in the adventure that your mom is likewise an element proprietor of the resources. the element we do not understand is the percentage of the living house she owns. it ought to face to trust that she ought to personal 50% of the resources. compared to another poster, in case you sense threatened by employing someone with a gun, no remember who personal the resources you should be able to call the police to rfile this incident. that's termed loved ones violence and is he reason behind many deaths and injuries. many circumstances in spite of someone living contained in the resources with the family individuals the guy being threatened is and could call the police to defuse the difficulty. it may well be on your mom's behalf to the contact a actual resources or divorce lawyer in Tennessee to be sure if this time period remains in use in Tennessee and if it easily provide her any criminal standings in this resources. that is my opinion that it does as this time period became likely grand fathered to legally look after the identify holders that at the moment ought to nevertheless have this time period listed on their identify deeds. i'm hoping this has been of a few earnings to you, strong success. "strive against ON"
2016-11-06 04:19:50 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Hire a lawyer.
The problem is sort of complex in that there are many factors that could goven the outcome, but can easily be fixed by a good lawyer.
2006-07-10 12:57:32 · answer #7 · answered by JoeSchmoe06 4 · 0⤊ 0⤋
Contact a good attorney. He/she will be able to take care of this probably very quickly.
2006-07-10 12:55:35 · answer #8 · answered by pappa_15 3 · 0⤊ 0⤋
If there is no one to contest it , get an attorney.
2006-07-10 12:59:46 · answer #9 · answered by kritikos43 5 · 0⤊ 0⤋