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My father owned an apartment complex and he gifted to me 1/4% share. The complex is mortgaged and i am a co-borrower along with my dad. My father died in 2006 and my mother recently died both without leaving wills. There are six children living. Who is now responsible for the property and how do we go about sharing equally?

Submitted: 137 days and 7 hours ago.

Category: Intellectual Property Law

Value: $30

Status: CLOSED

Posted by N Cal Attorney 137 days and 6 hours ago.

Info Request

I have to ask what state your parents lived in.

Also did your father give you a deed for 25% of the property? Was the deed recorded?

Did the deed state that you are tenants in common, or joint tenants with right of survivorship?

Edited by N Cal Attorney on 7/8/2009 at 7:50 AM

137 days and 1 hours ago.

Reply

My father lives in the Caribbean and we follow the British system of law, however i live in New York. I was given a deed and it was recorded in the Caribbean. I do not think that there is mention of tenants rights in the deed but i will have to get back to you on this.

Posted by N Cal Attorney 136 days and 14 hours ago.

Info Request

Tenants in common are co-owners of property who can each dispose of their interest by will. Joint tenancy is a form of ownership whereby the surviving joint tenant becomes sole owner after the death of the other joint tenant.

Please try to get me the exact language in the deed.

135 days and 21 hours ago.

Reply

I am a Tenant in common. Sorry for the late reply.

Posted by N Cal Attorney 135 days and 16 hours ago.

Info Request

That's OK. Was your mother a resdient of NY when she died? If not, what country or state did she reside in? Also please tell me what country the land is located in.

135 days and 1 hours ago.

Reply

No my mother was not a resident of NY when she died. She resided in Trinidad and Tobago but she died in NY. The land is located in Trinidad.

Posted by N Cal Attorney 134 days and 15 hours ago.

Answer

http://74.125.155.132/search?q=cache:H6nW5TmF1doJ:www.ttlawcourts.org/Judgments/HC/smith/1986/hca135_1986.rtf+UK+statute+of+distribution+1670+administration+of+estate+ordinance&cd=2&hl=en&ct=clnk&gl=us&client=safari states:

section 23 of the Administration of Estates Ordinance Ch. 8 no.1 which provides that:
“Subject to the provisions of this Ordinance, when any person shall die intestate or partially intestate domiciled in Trinidad and Tobago, or entitled to real estate in Trinidad and Tobago where ever domiciled, the undisposed or residuary estate of such person, whether real or personal in its nature, shall be distributed among the same persons, being of kin within the meaning of section 3, in the same manner and in the same proportions as the personal estate of such person dying domiciled in England and intestate would be distributed by the law of England.”

http://books.google.com/books?id=QNDjdlCLxLkC&pg=PA154&lpg=PA154&dq=intestate+succession+Trinidad+tobago&source=bl& amp;ots=BUTY97fKya&sig=3lBPxUty2jOmA3tYdLH8aKKeQcI&hl=en&ei=x8FXStjkEYrQtgPI9dXWBg&sa=X&oi=book_result&ct=result&resnum=1 at page 155 summarizes the intestate succession laws in effect in Trinidad and Tobago.

IMHO when he died his wife got 1/3 of his 3/4 and each of the 6 children split the remaining 2/3 of the property. When she died her remaining interest passed 1/6 to each child.

http://www.hg.org/law-firms/Probate/Trinidad-and-Tobago.html lists probate attorneys by location in Trinidad and Tobago.

I hope this information is helpful.

134 days and 14 hours ago.

Reply

Thank you for your response. But how/what process do we use for sharing?

Accepted Answer

There are several ways to share the property. You can all deed your intertests to a trust which would become the owner of the property. Or you could deed fractional interests to each other. Because of the unusual division of ownership percentages forming a trust may be the easiedst way to handle this, but you have to consult an attorney in Trinidad and Tobago for advice on the best way to accomplish your goals.

http://www.hg.org/law-firms/Property-Law/Trinidad-and-Tobago.html is a directory of real estate attorneys there.

Accepts:
Expert:	N Cal Attorney
Pos. Feedback:	95.7 %
Answered:	7/10/2009

Lawyer

Since 1983

134 days ago.

Reply

Thank you very much.

Posted by N Cal Attorney 133 days and 14 hours ago.

Answer

Thank you for accepting my answer.

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Question

Info Request

I have to ask what state your parents lived in.Also did your father give you a deed for 25% of the property? Was the deed recorded?Did the deed state that you are tenants in common, or joint tenants with right of survivorship?Edited by N Cal Attorney on 7/8/2009 at 7:50 AM

Reply

My father lives in the Caribbean and we follow the British system of law, however i live in New York. I was given a deed and it was recorded in the Caribbean. I do not think that there is mention of tenants rights in the deed but i will have to get back to you on this.

Info Request

Tenants in common are co-owners of property who can each dispose of their interest by will. Joint tenancy is a form of ownership whereby the surviving joint tenant becomes sole owner after the death of the other joint tenant.Please try to get me the exact language in the deed.

Reply

I am a Tenant in common. Sorry for the late reply.

Info Request

That's OK. Was your mother a resdient of NY when she died? If not, what country or state did she reside in? Also please tell me what country the land is located in.

Reply

No my mother was not a resident of NY when she died. She resided in Trinidad and Tobago but she died in NY. The land is located in Trinidad.

Answer

Reply

Thank you for your response. But how/what process do we use for sharing?

Accepted Answer

Reply

Thank you very much.

Answer

Thank you for accepting my answer.

Related Intellectual Property Law Questions

I have to ask what state your parents lived in.

Also did your father give you a deed for 25% of the property? Was the deed recorded?

Did the deed state that you are tenants in common, or joint tenants with right of survivorship?

Edited by N Cal Attorney on 7/8/2009 at 7:50 AM

Tenants in common are co-owners of property who can each dispose of their interest by will. Joint tenancy is a form of ownership whereby the surviving joint tenant becomes sole owner after the death of the other joint tenant.

Please try to get me the exact language in the deed.