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Tell brother to produce the deed and have it examined by an attorney for validity. Find some documents with your mother's signature in case you need samples for making a comparison. If you suspect the deed isn't valid then bring an equity suit in the court of jurisdiction asking the court to determine if the deed is valid. If it is determined to be valid then he must record it. If he cannot produce the deed immediately then commence a probate proceeding. Your mother's estate must be probated for the title to her real estate to pass to her heirs. Unless she left a will her property will pass as intestate property to all her children.
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∙ 15y ago
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When the property is in my name can my brother apply for the court asking for a share?
If a property is transferred to you or you are the sole owner of this property, your brother cannot seek help from the court for a share in property, until and unless there is a document supporting his claim.
Your mother passed away specifically leaving you the house and property and stated in the will that the brother and sisters had lifetime interest What are your legal rights with the property?
If your brothers and sisters have a "life estate", then it means that you (or your heirs) will not receive clear title until they have all died. From your wording it is difficult to say whether you also have a joint interest DURING their lifetimes (i.e., could claim part of the rent as yours, etc), or have any obligation to pay the property taxes.
If your mother lives on your property and pays your taxes on agreement can they claim homesteading and possess the property?
No because you own the property and you would be the that one that should be paying the property taxes.
If mother is deceased and father is alive but property was in mother's name do adult children have a claim to it?
If the property was in your mother's name alone and she died intestate the property would pass according to the laws of intestacy in your state. The children may be entitled to a portion. You can check your state at the link below.
My mother-in-law is wanting to quick claim deed her land to us but my father-in-law Who just passed away and her name is not on the orginial title but she is on the mortgages how do we fix this?
Answered by Reid Breitman. This is for information only and you should consult a lawyer before relying on anything on the internet. First, it is "quit claim" not quick claim. If I understand this correctly, the property is vested in the name of your father-in-law, who died, but the mortgage was in your mother-in-law's name or both your mother-in-law and father-in-law. It does not matter who is on the mortgage. That just governs who is legally liable to pay the mortgage, and one does not need to be on title to be obligated on the mortgage. One spouse will often sign the mortgage, but not be on title, for a variety of reasons. So, the answer about how to transfer the title to the property: if the father-in-law died, the property will go to his heirs. If he had a will, then the will must be probated. If he had a trust, and the property was in a trust, then the trustee can transfer the property. That's why trusts are such good things to have...avoids probate and can provide legal tax advantages. If he nad no trust and no will, then it still has to be probated, and it is a big pain to figure out who the heirs are, but it will be done through the probate court and will take time. Now, there may be other issues, and you should definitely consult an attorney on these important issues. For example, there may be facts that might support a claim that the mother-in-law, or someone else, has a claim to the property. Those claims will have to be brought soon, before some applicable statute of limitations might apply to bar the claim. The mother-in-law may have community property rights in the property, which should be thoroughly explored by appropriate counsel.
What is the spousal rights to property that was quit claim deeded to a relative before death?
If a husband conveyed his individually owned property to his brother before he died, his widow has no rights in that property unless she lives in a community property state. In that case she should consult with an attorney.
Do stepchildren have a legal claim to property when a blood brother took control of assets after stepdad died?
Probably, as long as you're not a minor. Call a lawyer.
How do you claim auto insurance when you wrecked your car on your property?
It would be an auto claim for the damage to the other and a homeowners claim for the damage to your property. You cannot be liable to yourself, so you cannot claim the property damage on your auto policy.
My friend passed away we had an Ohio surviviorship deed the property was destroyed a total loss will the insurance claim money come directly to me as the surviving owner?
If you and your friend owned your property as joint tenants with the right of survivorship then when your friend died her/his interest passed directly to you. The insurance payoff would go to you unless there is an outstanding mortgage or other lien on the property.
My father passed away with no will He had only an RRSP and life insurance totalling 50 000. The beneficiary listed is his mother and you are his only living heir Do you have any claim to the monies?
Not unless you're the mother...in this case.
Can you claim head of household if your dependent brother made over 7000.00?
If the "dependent" brother is under 19 and is not a full time student then you can not claim him as a dependent and you can not claim Head of Household status. How old is this brother?
Your sister and you have a deceased brother and your mother has left everything to you and your sister in her will. Can your sister-in-law make any claim against the estate?
You haven't said whether your mother has died. If not, her will should be drafted by an attorney who specializes in probate law. A will that omits a child must be drafted properly: The child should be specifically mentioned so the court will not assume he was simply forgotten. If not that child or their children may have a claim against the estate depending on state laws. If your brother had no children, it is doubtful that his wife could prevail in a claim against your mother's estate.
