Property ownership question

[Psycho Dad]

I’ve got some questions as to who may be the legal owner of a house that has been in my family for many years. The house has no real value that anyone could be concerned with, but I can foresee some problems arising soon concerning who should be responsible for what in regards to taxes and whatnot.

Over 30 years ago, my grandmother passed away and apparently my father and his brother shared the possession of her house from that time. At any rate that is what I understand as far as property taxes are concerned as that is who is listed as being responsible for the property taxes. From the time that grandma died, one specific cousin has lived there either by herself or with another cousin. Through the years someone (and I’m assuming it has been my father) has paid the property taxes on the house. My uncle has been dead for nearly 15 years now leaving I assume only my father as the owner of the property. However when taxes are due, my uncle’s name still remains on the tax rolls.

My dad said he made a promise to his brother that my cousin could live in the house as long as she kept the property taxes paid up for it. I can respect that promise and see no reason to make him go back on it. However it has come to my attention that the last few years my cousins have been badgering dad to pay the taxes to prevent the property from coming up for sheriff’s sale. Taxes this year are only $147 but I see no reason for my dad to have to pay this for my cousin.

Now that dad is nearly 80, I can see that there will be some dispute in the future were he to die as to who owns the property. I want nothing to do with the property or the troubles that will come from my cousin wanting to remain a freeloader in it.

My question is, since my uncle died, is my dad the sole owner of the property (my uncle had no will) or does dad share in the ownership with my cousins? If he is sole owner, that would make me think that the house legally becomes mine in the event of dad’s passing.

As I said, I want nothing to do with this property and I’m thinking that at this point my father should just pass ownership to my cousins and let it be entirely their problem. I just thought I’d see what the good people of TFP think before I make that move.

[Rodney]

If there was no signed agreement between your dad and his brother, the brother's descendants may be the ones who now control half the property. In your state, there's probably a default way that property passes between relatives when one of them dies, and I assume that kids come before brothers and sisters. But I wouldn't be surprised if this varies state by state. Anyway, do _not_ assume that full ownership goes to your dad simply because he already owns half.

What I would do is just head down to your local library and ask the reference librarian to help you look up what the default inheritance rights are in your state.

Didn't your uncle's estate go through some sort of probate, even without a will? Seems like this is the sort of thing that gets raised then. And if it wasn't raised then, it'll be probably be raised if/when your dad officially tries to transfer the property and the title people/county assessors realize that one of the title owners is dead. And at _that_ point, all your cousins are going to have to figure out if they all want a slice of the house, if they just want the one cousin to own it, if they want -him- to pay them rent, and so on. Could be a real squabble, but it's _their_ squabble.

[Psycho Dad]

Thanks for the reply. What I have been thinking I may do, is have dad transfer his part of any ownership to the cousin that does not live there but expects my dad to pay the taxes on the property. Dad doesn't want anything more to do with the property than I do, he just wants to keep his promise to not kick my cousin out.

[denim]

He should probably see a lawyer.

[Psycho Dad]

I thought about that, but the property really isn't worth it to dad to pay a lawyer, the taxes would likely be less. The property is one of these places where it would probably be worth more to bulldoze the house and sell the empty lot. I got rid of an old rental property a while back by "selling" it to my sister-in-law for a dollar. That seemed to work.

[DDDDave]

When your grandmother died (assuming she died after her husband and did not remarry) , ownership passed to your father and his brother. Each held an undivided 50% interest.

Upon your uncle's death (once again assuming he was unmarried at the time of his death), his 50% interest passed to his lineal descendants (your cousins), "per stirpes". This is a Latin term meaning 'according to descendance'.

The property ownership now would stand at - 50% your Dad; 25% cousin A; 25% cousin B. The expenses of the property should be borne according to these percentages.

When your father passes, his 50% interest will pass to you and your siblings "per stirpes". If you are the only child, you inherit the 50% interest.

If you truly feel that the property has no value, now or in the future, you should have your father quit-claim his interest in the property to your cousins. They would each then own a 50% interest and could decide among themselves how to pay the taxes.

BTW, in the line of descendance, only blood matters. Anyone other than sons or daughters never had or will have an interest.


No, I'm not a lawyer, but I was a Real Estate Trust Officer for a major bank and dealt with these situations every day.

[Master_Shake]

You need to post your jurisdiction. The laws of intestacy differ depending on where everybody lives. Specifically:

Where is the property located?
Where did your grandmother live when he died?
Did you grandfather predecease your grandmother?
How many children did they have?
Where did you Uncle live when he died?
Was he married?
How many children did he have?
Where does you father live?
Is or was he married?
How many children did he have?
Whose name is the house titled in?

You may have to go to the local courthouse to find out the answer to the last question, but it's very important.

[Psycho Dad]

I suggested to dad that he quit-claim his interest. If he does so or not I don't know. But I suspect if doesn't, and anything comes to me that is how I will rid myself of it.