An male heir to family property has paid taxes for family property more than 20 years before and after parents diedbecause his only sibling(a sister) did not pay heir property taxes. Sister knew about the heired property but did not pay any part of property taxes for 27 years .She distancedherself from the upkeep of the family property and let all of the property taxes responsibity fall on the brother. The heired property taxes have be totally paid by her brother who has now become ill. He has given his power of attorney to his wife and now the sister wants to come forth to take control over the heired property that she has not paid property taxes since she left home 27 years ago. Does the sister have total control of the property when he has not paid for the property taxes for 27 years? Is there a Virginia property law that states that if an heir pays taxes on heired property for a long period of time that the heir becomes the sole owner of the property?
State/Country relating to question: Virginia
Just thinking of what to do in the situation
Hi and welcome,
Was there a will? If so who was to get the property? If there was a will, has it been probated?
When was the death of the second parent?
There was no will..
Mother died 20 years ago. Father died about 27 years ago. Son living at home with mother took over all responsibilities. He has been paying all property taxes since then.
No will made.
Father died 27 years age.
Son returned home after father died and took over responibilities living in home place. Sister married ,left home and did not live in same state. She divorced husbund years after but did not come home for a long time. when she came home for a short period, she stayed in household but did not help pay any bills so she was asked to leave wilh her 2 adult sons. At that time she would not work or help with the lodging for herself or her adult sons. She did not offer to pay any property taxes during this time and now wants to over power the son's wife with the heir property .which she has never paid a penny.
I have reviewed all arguably applicable Virginia Real Property Codes and Laws applicable when someone dies. There is no such law about the son getting ownership because he paid taxes.
The property should have been sold long ago but should be sold now. The son should start proceedings to have the court appoint him as administrator of the estate ("administrator" is used when there is no will; "executor" when there is a will). You don't want this issue to go unresolved forever.
Each is entitle to one half. You get an Appraisal; sell the property. Before distribution of proceeds, the son is paid OFF THE TOP for all the taxes and other expenses he laid out for all those years. Then the balance is split.
Another approach......do the same basic analysis and then have one sibling (probably the sister) buy her brother out and he will have full and sole title.
It should be done now. As I said, each owns 1/2 subject to the brother getting reimbursed off the top. If either has children, the share of each sibling will be inherited by the children by will or otherwise...........or by whomever the sibling who died specified in his/her will. Then you have to go back and do the administration described above first and then have an administration or will probate with respect to the sibling who died first.
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