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MShore Law
MShore Law, Attorney
Category: Business Law
Satisfied Customers: 25285
Experience:  Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements
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me and a nephew of mine went together and started buying a

Customer Question

me and a nephew of mine went together and started buying a small 5 acres piece of ground. we had the property half payed off when we had to refinnance it. well the times were tuff and my nephew could not get work. so i started to pay the hole payment..well a year went by and i am still paying ... the real problem i have is that my nephew desided to kill him self . now i am stuck trying to figure out how to get his name off of our land contract,, sience he has only paid 1 forth of the cost of the property ,,what are my options
Submitted: 3 years ago.
Category: Business Law
Expert:  MShore Law replied 3 years ago.
Thank you for the post, I am happy to assist you by answering your questions. Is he unwilling to quit claim deed the property to you? Are you able to refinance in your name alone?
Customer: replied 3 years ago.

my nephew is (((DEAD)))

Expert:  MShore Law replied 3 years ago.
Dennis, I am terribly sorry. I thought he attempted to kill himself, but did not know he was successful. Did he have a will?
Customer: replied 3 years ago.

i just need to know how to get my dead nephew off my land title

Expert:  MShore Law replied 3 years ago.
Dennis, it is not a simple matter, though I understand how it could appear to be. Do you own the land with right of survivorship (joint tenancy)?
Customer: replied 3 years ago.

i do not know if we had that type of paper work ..all i do know is that we were joint oweners ...we talked about if eather of us passed away the other would get ownership of the land ,,but the problem is we never put that down in wrighting,,so how would i find out about this (joint tenancy)

Expert:  MShore Law replied 3 years ago.
Thank you Dennis, you would contact the office of land records to determine what form of ownership you and your late nephew had. If a joint tenancy with right of survivorship his interest in the land automatically transferred to you upon his death. In what county is the property located?
Customer: replied 3 years ago.

the property is located in( ravalli county ),Montana

Expert:  MShore Law replied 3 years ago.
Thank you Dennis, you should visit the county clerk's office at:
215 S. 4th Street
Suite C
Hamilton, MT 59840
Monday - Friday 9am - 5pm


You can search the land records to determine the form of ownership you have in the land. Please let me know if you need additional guidance.

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