How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Roger Your Own Question

Roger
Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 26410
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by West
6704987
Type Your Bankruptcy Law Question Here...
Roger is online now
A new question is answered every 9 seconds

I AM FROM SC AND RECEIVED PROPERTY FROM MY MOTHERS ESTATE.

Resolved Question:

I AM FROM SC AND RECEIVED PROPERTY FROM MY MOTHER'S ESTATE. THE PROBATE WAS HANDLED LEGALLY, PROPERTY SURVEYED AND DEEDED ACCORDINGLY.
I AM TRYING TO DEED AN ACRE OF THE INHERITED PROPERY TO MY DAUGHTER AND AM BEING TOLD THAT BECAUSE MY SISTER AND HER HUBAND FILED BANKRUPTSY THAT THEIR DEBT FOLLOWED THEM ONTO THE WHOLE INHERITED ESTATE AND THAT NONE OF THE PROPERTY HAS CLEAR TITLE UNTIL THEIR MESS IS CLEANED UP. WAS TOLD THAT THIS IS A NEW LAW THAT THE DEBT FOLLOWS THE PERSON?
NOW ALL OUR INHERITED PROPERTY HAS A CLOUD ON IT. DID SOMEONE DROP THE BALL?
PROBATE ATTY PD OVER $15,000 AND WE DON'T HAVE CLEAR TITLES. WHAT CAN WE DO?
Submitted: 4 years ago.
Category: Bankruptcy Law
Expert:  Roger replied 4 years ago.
This is a fairly simple fix. You can file a petition to quiet title and remove cloud in the court of the county where the property is located.

The petition will have to show that the property was properly transferred from your mother's estate to you, and that your interest is separate from that of your sister/brother in law, and that there is no cloud on your title.

It is a fairly simple process and should not take much time or money.

The estate attorney represents the estate only - not the beneficiaries. His/her only responsiblity is to close out the estate and transfer property in the estate to beneficiaries. I don't think the attorney dropped the ball on this. Once all property and debts of the estate were settled/distributed, his obligations are complete.
Customer: replied 4 years ago.
IS THERE A NEW LAW THAT ALLOWS HER DEBT TO FOLLOW AND INCUMBER PROPERTY THAT IS NOT HERS?
Expert:  Roger replied 4 years ago.
Not that I'm aware of. I think the problem is that your sister's interest was commingled with yours, and there is a remote possibility that she could have some interest in your property.
Customer: replied 4 years ago.
THE WILL DIVIDED THE ESTATE 4 WAYS. PROPERTY WAS SURVEYED AND 4 DEEDS GIVEN. SHOULD BE 4 SEPARATE PROPERTIES FREE AND CLEAR BECAUSE ESTATE COULD NOT BE SETTLED WITHOUT ANT OUTSTANDING DEBT BEING PAID, RIGHT?
Customer: replied 4 years ago.
SISTER'S DEBT IS ON A PIECE OF PROPERTY DEEDED TO HER 30 YEARS AGO THAT IS ADJACENT TO THE ESTATE.
Expert:  Roger replied 4 years ago.
I think you're right. If the property went straight from the estate to you, and your interest never combined with hers, there should be no issue.
Customer: replied 4 years ago.
SO, THERE WOULD BE NO NEED FOR A QUIET TILE? WE SHOULD HAVE CLEAR DEEDS BUT HAVE BEEN TOLD WE DON'T. YOU SAY THERE IS NO NEW LAW SO WE SHOULD QUESTION THE PERSON WHO TOLD US THIS?
Customer: replied 4 years ago.
ALL 4 OF US SIGNED DEEDS TO EACH OTHER. COULD THIS BE PROBLEM?
Expert:  Roger replied 4 years ago.
That is he problem. You'll probably need to file a petition to quiet title.
Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 26410
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
Roger and 2 other Bankruptcy Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • FiveStarLaw

    Attorney

    Satisfied Customers:

    3203
    Bankruptcy Lawyer. Experienced.
< Last | Next >
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    3203
    Bankruptcy Lawyer. Experienced.
  • http://ww2.justanswer.com/uploads/TL/tleeders/2012-6-13_204815_TSL1.64x64.jpg Terry L.'s Avatar

    Terry L.

    Attorney

    Satisfied Customers:

    2204
    Better Business Bur 15yrs bankruptcy experience. Chicago Bar
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    950
    B.A.; M.B.A.; J.D.
  • http://ww2.justanswer.com/uploads/CO/cortrightlaw/2011-12-5_4117_Kevin.64x64.JPG cortrightlaw's Avatar

    cortrightlaw

    Attorney

    Satisfied Customers:

    490
    Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.
  • http://ww2.justanswer.com/uploads/Jay1968/2006-12-03_004423_JoeRossPhoto.jpg JoeLawyer's Avatar

    JoeLawyer

    Attorney

    Satisfied Customers:

    376
    Attorney in the practice of Bankruptcy Law since 1996
  • http://ww2.justanswer.com/uploads/DY/Dylatess/2012-9-11_1968_BHBTemplePhoto.64x64.jpg dylatess's Avatar

    dylatess

    Attorney

    Satisfied Customers:

    370
    35 plus years of experience specializing in bankruptcy law
  • http://ww2.justanswer.com/uploads/US/USLawAnswers/2012-9-20_23143_20090105211638Headshot3b.64x64.jpg Brent Blanchard's Avatar

    Brent Blanchard

    Bankruptcy Attorney

    Satisfied Customers:

    315
    Twelve years experience in all aspects of debtor & creditor BK.