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If a sibling fails to contribute their share of the property taxes on an inherited property can they lose their interest in the property?
Wiki User
∙ 13y ago
No. The only way they could lose their interest is by a court order. You would need to sue them for not paying their share. If the property was sold you could deduct from their share of the proceeds the amount they failed to pay for expenses. If it's a serious problem you should consult with an attorney who can review your situation and explain your options. You may consider buying them out.
Wiki User
∙ 13y ago
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Can an executor hide information from a sibling?
Generally, the status of a person as a "sibling" is not relevant. What is relevant is whether that sibling is or is not a beneficiary under the will. An executor has an obligation to give information to the beneficiaries of the estate as named in the will, not to all the decedent's relatives. If a sibling (whether it is a sibling of the decedent or of the executor) has no interest in the estate, he/she has no rights to information about the estate. In some jurisdictions, an executor might be required to simply give that sibling notice of the probate of the will, even if the will gives that sibling nothing, but only if that sibling would inherit some part of the estate in absence of the will. As with all legal questions, the specific answer may differ from state to state depending on that state's laws. So you must check those laws to get the precise answer.
Can an heir who is the trustee of his sister's special needs trust sue her trust to get money for another sibling who was written out of the will?
No. The heir has no right to the funds set aside in the special needs trust. A living donor set that trust up with their own property and the heir has no rights to that property whatsoever. The trust is not responsible in any way for a sibling who was disinherited. Parents are allowed to disinherit their adult children.
Can an inheritance be relinquished from one sibling to another?
Yes. You should seek the advice of an attorney who specializes in probate to make certain the title to the property is transferred properly. In some jurisdictions a deed must be executed to transfer title to real property effectively.
If siblings inherit a house from their mother at her death who is responsible for yearly property taxes if only one sibling lives in the home?
All the owners of the property are responsible for paying the property taxes.If the taxes are not paid and become delinquent it will affect your credit records. Also, if the taxes are not paid, the town can take possession of the property and sell it. Therefore, it is extremely important you keep the property tax payments current.If one sibling is living in the house rent free perhaps a written agreement could be made addressing her financial obligations regarding the house. There will be costs for utilities, upkeep and maintenance, repairs, taxes, etc. You must decide who will be responsible for maintaining the property in good condition. If she is living rent free, perhaps she could pay for the utility charges and a larger share of the taxes, if possible. The others should help with the maintenance and repair costs and make a contribution toward the taxes. When the property is sold the siblings will share equally in the proceeds.In this perspective, the sibling who lives in the house should pay her own living expenses but all the owners should share the tax bill and expense of keeping the property in good condition.
Does one sibling is living with a parent that dies have that sibling more rights than other siblings not living with parent at the time of death?
No, both sibling have the same right to inherit from a parent. The parent can choose to give children different inheritances by will.
In NC Can a judgment against 1 sibling cause a lien to be placed on inherited property owned by 9 siblings and prevent sale?
Generally, a judgment against one of nine siblings who have inherited property will affect only that person's 1/9 interest. It will not prevent the sale of the property. However, the debtor sibling's 1/9 share of the proceeds will be held back at the closing and used to pay off the lein.
How can one force a quitclaim to property of a sibling who inherited an equal part but refuses to make equal payment of the mortgage?
I recommend contacting a lawyer or at least a Realtor. You may have to file suit to get action from the sibling that is falling behind. It will be worth it to not lose the equity in the property.
What happens to the house when both parents die and a sibling is living at the property?
The property goes into the estate and distributed. It is possible that it could be inherited. Most likely it will need to be sold and the proceeds divided between the children.
How do you change your deeds when your sibling owns half?
You need to consult with an attorney who can arrange to draft a proper deed that conveys your sibling's interest to you.You need to consult with an attorney who can arrange to draft a proper deed that conveys your sibling's interest to you.You need to consult with an attorney who can arrange to draft a proper deed that conveys your sibling's interest to you.You need to consult with an attorney who can arrange to draft a proper deed that conveys your sibling's interest to you.
In Georgia when a property is owned by two people - sibling inherited property - is there a way to sell if one wants to and the other doesn't?
Yes, it is called "partition" and can be complicated, depending upon the exact words used in the deed or the will, and local state laws. See an attorney.
Can one sibling have grant deed changed to his name before probate and claim property as his own?
The sibling does not have the right to change a grant deed. Only the property owner can make such a change.
Can a minor quitclaim a deed to an adult sibling for property that was inherited?
No a minor has no legal capacity to contract. The minor needs to have a guardian appointedfor him to represent him and to act on his behalf.The will may have selected one andthat appointment is confirmed by the court, or an alternative individual appointed.
Can a sibling force the other sibling to pay them money if their parents died and only one stayed home and continued to pay mortgage for years after the other left?
If your surviving parent died intestate (without making a will) without leaving their home to you then their estate must be probated in order for title to the property to pass to the heirs. I am assuming your parents owned the property as joint tenants with the right of survivorship and after the first parent died their interest passed automatically to the surviving spouse. Intestate property passes according to the laws in the state where the property is located. You should collect and make copies of proof all mortage payments you made. You should also collect and make copies of all the property tax, insurance and repairs you have paid for. Your sibling is probably legally entitled to one half of the value of the property. Your lawyer should seek to charge off one half of every bill you have paid to maintain the property against your sibling's half in order to reduce the amount you will need to buy her interest and obtain clear title to the property. Perhaps the full amount of the mortgage payments could be deducted from your sibling's half. You should contact an attorney to discuss your rights, your options and how to arrange to have the title transferred to you legally.
If one sibling filed chapter 7 and there is property that is left by your deceased parents but no succession has been filed by your siblings can a trustee sell the property to pay creditors?
Only that property that is determined to be owned by the sibling. If property is owned jointly between the sibling and the remaining family, the remaining family may be forced to get a loan to pay the appraised value of the siblings share. As this Q is frequently referred to by those asking about a trustee that is a sibling.....a trustee is NOT the owner of any of the proerty he is trustee for...in fact, IT CANNOT be used for his personal needs.
Can an executor of an heir eviction a sibling from property that they live in of the deceased?
They do have that ability to have them removed. The property belongs to the estate and the executor is responsible for it. They can rent or sell the property.
Can a sibling sue another sibling for interference with inheritance?
That's the decision of the executor of the estate. If the other siblings want to keep the property, they would have to pay the other for their share.
Is working with a sibling considered conflict of interest?
It depends on the context. In most cases, no, but there are cases where it could be.
