Land/Deed Transfer

302cj

Old Mossy Horns
Any of you been through this and know about what the process is? Can't put to many details on the web but Father's Day was 7 years since I lost my dad. No help from siblings with taxes and that sorta stuff. Just wanting it in my name.


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nccatfisher

Old Mossy Horns
Contributor
All kind of legalities, was there a will involved, who is the executor of the estate? Best and safest thing to do is get an attorney and get ready for a fight.
 

QuietButDeadly

Old Mossy Horns
Contributor
Will or no will, sounds like you got stuck holding the pot and now you have a mess to deal with. I will be very surprised if you come out of this satisfied. Inheritance law can be very complicated and dividing up assets seems to bring out the worst in most folks.
 

nchawkeye

Old Mossy Horns
Anyone that might have any interest in it, plus their spouses, if married have to sign the deed to transfer to you...

As mentioned, get a real estate attorney, meet with him and let him spell out your options...
 

302cj

Old Mossy Horns
Go see Mr. Kelly @ Kelly & West in Lillington.

Yeah I talked with him when dad died. He said to come back in 7 years with paperwork and receipts of taxes and such. I was mainly just wondering on the prices for the lawyer as we're only talking about an acre.


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broodc2

Four Pointer
This is not my specific field of expertise but I do know it can get complicated and messy. You may find that all of a sudden when someone is at risk of losing their portion of an estate they come out of the wood works. I'm assuming there was a Will... If no Will I assume you went through Probate when your Dad passed. There you should have discovered if there were any outstanding liens on the property. Assuming all that is fine, community property law varies state by state. You really do need to consult an attorney. Is your Mom still alive and in the picture? If so, she's entitled to half (I think, don't quote me). The remaining half (again I think) is then divided up between siblings. So if your Mom is entitled to 50% and you have one other sibling, you are entitled to 25% and your sibling is entitled to 25%. If there are 3 total siblings, each one is entitled to 16.7%, etc.

I would venture a guess that if your Mom is not in the picture and 100% of the property is divided equally between you and your siblings a couple things could happen. One, if you have understanding siblings, they will give you their portion. Though I'm guessing there are personal income tax considerations for this option. Or most likely, since they haven't been paying taxes, you may have to buy their portion out in order to get your name solely on the deed.

But take all of this with a grain of salt. I'm not an attorney, nor is this area my specific specialty. So none of this should be taken as advice. Just one forum member anecdotally chatting with another.
 

Homebrewale

Old Mossy Horns
Yeah I talked with him when dad died. He said to come back in 7 years with paperwork and receipts of taxes and such. I was mainly just wondering on the prices for the lawyer as we're only talking about an acre.

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The come back in 7 years comment from the lawyer stands out to me. So I looked up adverse possession. In NC, the time period is 20 years but is 7 years if the possessor has "color of title".
http://statelaws.findlaw.com/north-carolina-law/north-carolina-adverse-possession-laws.html

I would proceed carefully if this is the lawyer's plan. Seems to me it can get quite messy.
 
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woodmoose

Administrator
Staff member
Contributor
,,,,,,. I was mainly just wondering on the prices for the lawyer as we're only talking about an acre.


for what it is worth,,,it cost us $150 for the lawyer to process a quit claim deed for a couple of my wife's family who wanted "off" the deed for family land (didn't want to be responsible for taxes),,,,

I expect that is about average,,,,
 

302cj

Old Mossy Horns

derekorr1986

Six Pointer
look up quit claim deed as mentioned above. if the siblings want nothing to do with the property it can be an easy process. if they want $$$ then establishing a value and getting them their fair share can be a lot more time consuming.
 
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