I have been taking care of my parents for the past 15 years, before they got too sick, they transfered the deed in my name and I assumed their payments. Since then I have refinanced once and made improvements to the home and have lived here with my spouse and kids. Unfoutunatly, my father has passed and my mother is on her way, should I be worried that my siblings will take this home from me?
2006-12-30 11:01:25 · 7 answers · asked by Manny Fresh 2 in Business & Finance ➔ Renting & Real Estate
Just how would they "take" it from you?
Do they have unrecorded private mortgages from money they lent to your parents or some other type of lien on the house or property?
Do you have proof that the granting deed was properly executed and recorded?
Were your parents the only two owners when they "transfered" the property to you?
If you now own it with clear title, your siblings can't just take it from you. It's yours.
But if there is an issue with the title or your siblings have a lien of some sort .... you have a real problem.
2006-12-30 11:55:41 · answer #1 · answered by BoomChikkaBoom 6 · 0⤊ 0⤋
All this revolves around whether your parents left a will. If they did, then the provisions of that document will govern how the inheritance will be distributed. The standard Last Will and Testament from parents is that the estate is shared equally among the heirs. The heirs are almost always the children. Even if you bought the house - if your name is no longer on the title for it, you have no claim. (In reality, it is no different a piece of property than had you given them a couch or a mirror that is IN the house. It is just waaay more expensive a gift. But a gift, once given, is no longer something you can lay claim to.) If they did not leave a will, then the house will be part of the estate which will pass intestate and according to the laws of their state or residence. Usually, such is divided, again, equally among the children. You need to contact an estate lawyer who can give you appropriate advice IAW the laws of your state and the specific circumstances of your situation. (On the emotional side, in the long run - it just doesn't matter. People go nuts over inheritances, for some reason, no matter how large or small they are. Fighting over scraps - and a house is a scrap, believe it or not, - will only sow bad feelings for the rest of your life. It is NOT worth it.)
2016-05-22 22:08:41 · answer #2 · answered by Linda 4 · 0⤊ 0⤋
No. If the title was recorded in your name, you own the property and no one can take it from you (except the government by eminent domain). Check the registry of deeds to make sure that the title was properly recorded in your name.
2006-12-30 11:05:25 · answer #3 · answered by Anonymous · 2⤊ 1⤋
Easiest is to get a new will made up..where everyone is mentioned to be unmentioned...
so get a lawyer or nortary that specializes..it should be cheap..
and they can explain..why everyone has to be mentioned to be unmentioned......
you need a new will..it is cheap..and just..should be done..
then you have 100% assurance...
(look in the section of "undue influence" and get a new will for you peace)..
2006-12-30 12:54:07 · answer #4 · answered by m2 5 · 0⤊ 0⤋
First I am sorry to hear about your father and mother.
Second Get a Lawyer!!! Now, Families turn funny when there is money involved!
2006-12-30 11:06:38 · answer #5 · answered by DolphinGirl 1 · 2⤊ 0⤋
If the deed is in your name, your siblings cannot take it from you-it no longer belongs to your Mom and Dad. It belongs to you and is not part of their estate.
2006-12-30 11:10:27 · answer #6 · answered by periellen38 2 · 2⤊ 1⤋
no,they can`t take it from you. your name is on the deed.,
2006-12-30 11:40:12 · answer #7 · answered by horseknickers 3 · 2⤊ 1⤋