Posted on: 16th Mar, 2011 06:07 pm
my mother just dies and i just found out that she quit claim ( a gift) the property to her home to her minor grandson( 12 yrs old) in 2006.they did see a nortary when this was done. she was going through a bankruptcy and we think my older sister told her that the bank would take her home and if she signed over her home they could not touch it. in the bankrupcty papers she did list her home and said she did not gift anything.
we vfeel our mother might of signed the paper in cawse they came after her land. this last year my mother told many people that my sister was pressuring her to sign the property over to her son and she didn't want to do it. i knew none of this until after my mother died. i did find out two days before my mother died my sister took the quit deed and filed it with the county- this is 4 years after my mother signed it, her grandson is still a minor. no trust wasset up for her grandson. my sister did everything. so when the will was read- everything was suppose to be divided up between us 3 children- my sister said that everything was signed over to her son. we recieve nothing, my sister was the executor of the will, she did not probate the will, but just took everything. we were surprise and don't know what our rights are. it is not a big estate, but we feel things done when my mother was under duress. do you think we have any legal rights?
thank you lorri
we vfeel our mother might of signed the paper in cawse they came after her land. this last year my mother told many people that my sister was pressuring her to sign the property over to her son and she didn't want to do it. i knew none of this until after my mother died. i did find out two days before my mother died my sister took the quit deed and filed it with the county- this is 4 years after my mother signed it, her grandson is still a minor. no trust wasset up for her grandson. my sister did everything. so when the will was read- everything was suppose to be divided up between us 3 children- my sister said that everything was signed over to her son. we recieve nothing, my sister was the executor of the will, she did not probate the will, but just took everything. we were surprise and don't know what our rights are. it is not a big estate, but we feel things done when my mother was under duress. do you think we have any legal rights?
thank you lorri
Hi Lorrie,
Welcome to Mortgagefit,
You can surely go for probate hearing.If your mother has signed over all the property to her grandson who is minor then surely there has to be a trustee/executor appointed for that purpose.But in this there is nothing like this...So surely you can object this transfer....
I am sure that you will get justice...Even if it is a small property still you should seek the justice because it will set an example and thus other people (cheaters) who wish to go through this route in future should think twice before doing it.
Feel free to ask any further query if you have....
DIPA
Welcome to Mortgagefit,
You can surely go for probate hearing.If your mother has signed over all the property to her grandson who is minor then surely there has to be a trustee/executor appointed for that purpose.But in this there is nothing like this...So surely you can object this transfer....
I am sure that you will get justice...Even if it is a small property still you should seek the justice because it will set an example and thus other people (cheaters) who wish to go through this route in future should think twice before doing it.
Feel free to ask any further query if you have....
DIPA
Hi Lorri,
You should immediately contact a real estate attorney and take his opinion in this regard. The real estate attorney will guide you as to what steps you need to take in this regard so that the will gets probated and you get your share of the property.
You should immediately contact a real estate attorney and take his opinion in this regard. The real estate attorney will guide you as to what steps you need to take in this regard so that the will gets probated and you get your share of the property.
We went to see our attorney who wrote our mothers will and he told us it will cost thousands of dollars to get the property back. In the will the executor of my mother's will was my sister, and it was her son (the minor)
who recieved the property. The house has been destroyed, it is not liveable, property taxes have not been paid, it is a mess. We do not know if my sister will be held liable and how much money it will cost. The property is worth about $75,000 to $100,000.
If anyone has input on what they think can be done I would appreciate it.
Thank you, Lorri
ALsomy sister never probated my mothers will, she just took everything.
who recieved the property. The house has been destroyed, it is not liveable, property taxes have not been paid, it is a mess. We do not know if my sister will be held liable and how much money it will cost. The property is worth about $75,000 to $100,000.
If anyone has input on what they think can be done I would appreciate it.
Thank you, Lorri
ALsomy sister never probated my mothers will, she just took everything.
Welcome Lorri,
Unless the will is probated, your sister won't be able to get the property transferred in her name. The person who gets the property will have to pay off the back taxes or else the tax department may place a lien on the property or even foreclose it.
Unless the will is probated, your sister won't be able to get the property transferred in her name. The person who gets the property will have to pay off the back taxes or else the tax department may place a lien on the property or even foreclose it.