Both parents died in 1981 and 1983. I have maintained and paid off the home and yearly realestate taxes. I do have siblings that have refused to sign quick claim deeds. The home has never been probated in the courts and is still in my parents names. I have also lived in this home since 1981.
2006-08-19 05:56:41 · 15 answers · asked by Anonymous in Business & Finance ➔ Renting & Real Estate
You must go thru the court system. It is probable that your sibligns have an equal right, but you can claim the expenses. Or you cna just leave it alone and live there.
2006-08-19 07:22:51 · answer #1 · answered by Anonymous · 0⤊ 0⤋
You have no choice but to probate the house. Absent a will your siblings will be entitled to an equal share of the house. You will be entitled to a credit for their share of the reduction in the mortgage balance and taxes and insurance and repair costs, if any that you paid. However, that may be offset by your share of the fair rental value of the house for the past 25 years. If your state has some type of tax break for your parents, as many states do for owner occupied dwellings, you may also find the house back assessed for the amount of the reduction for each year since they died. Time to see a lawyer.
2006-08-19 06:39:26 · answer #2 · answered by Anonymous · 0⤊ 0⤋
The responses above are all good. To summarize get an estate attorney and work through it. The factthat you have spent money maintaining the house will be a positive and you will receive credit.
The fact that you have lived in it means you have benefited from it and you may owe a share of that benefit to the estate.
Establishing what the house was wroth n 1983 will be improtant in that this figure might be used in your state to assess the siblings ownership issues. You may benefit from the appreciation.
Are their estate taxes due? This will be a tricky one that an attorney can help with. What happened to the balance of your parent's estate and why was the house left out of it. Hopefully there will be no accusation of tax avoidance.
The absolute best course of action is to reach an amicable settlement with your siblings and keep it out of the visibility of the courts.
2006-08-19 06:38:21 · answer #3 · answered by Carl 3 · 0⤊ 0⤋
It's actually called a quit claim deed. For something like this you will need a lawyer. Have all your tax documentation and proof that you are the person in residence for all that time. I am surprised the house didn't go into probate after your parents' deaths. However, you probabkly have a good chance of getting legal possession if your siblings don't fight you.
2006-08-19 06:03:20 · answer #4 · answered by tsopolly 6 · 0⤊ 0⤋
Time to see a lawyer. Call the state bar association for a referral.
It sounds like you are going to need to have a judge award it to you. Either via a probate action or an action at Equity but it really depends on the laws of your state and your particular situation. Good luck.
2006-08-19 06:04:49 · answer #5 · answered by C B 6 · 0⤊ 0⤋
No will, No house... You simply don't have the Deed to the house. You had all the time in the world to take care of it. If your parents wanted you to have the house they would 've done so..??? Find a lawyer fast. The market is slow. When your siblings see they need to pitch in for maint. and taxes and they can't sell the house.. Well they want to get rid of it to you. ask a lawyer and find out how much head ache you can give them.
2006-08-19 06:07:05 · answer #6 · answered by Anonymous · 0⤊ 0⤋
I would get a lawyer. They might have to pay you back what you have spent in taxes, the amount you paid of the home with, and the maintenance bills if they will not sign over the house to you. But a lawyer will have to be the one to take it to court.
2006-08-19 06:03:59 · answer #7 · answered by Anonymous · 0⤊ 0⤋
I don't know where u live and what the rules are. Anyway, when u accept having siblings, it is forgone conclusion that u alone can't stake a claim for the house. Depending on the law, your siblings will also have a share in it, irrespective of who has paid the taxes....
2006-08-19 06:03:32 · answer #8 · answered by skr 3 · 0⤊ 0⤋
Get a lawyer.
There are a lot of precedents on your side, but you'll likely have to pay the other heirs something. Every state has different laws concerning if people die intestate (without a will) or if it does not cover the dispostion of all property.
Get. A. Lawyer. NOW!
2006-08-19 12:02:25 · answer #9 · answered by Searchlight Crusade 5 · 0⤊ 0⤋
I would say talk to a lawyer, but I should think possession is 9/10th of the law is a huge factor here. You've lived in the house for over 20 years, it has to be yours.
2006-08-19 06:03:28 · answer #10 · answered by Robsthings 5 · 0⤊ 0⤋