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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33791
Experience:  15 years real estate, Realtor. Landlord 26 years
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My dad died in 2013 and left behind a rental property and a

Customer Question

my dad died in 2013 and left behind a rental property and a half a lot to me and my brother. My brother doesn't want to have anything to do with it because he knows it is in rough shape and has back taxes due. He has made it clear that he doesn't want to have anything to do with the property. What form do I need to fill out or action do I need to take to make sure i inheirit the property claim free?
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  Barrister replied 9 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Is the property still in father's name?

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Did father die with a will in place?

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Has anyone probated his estate to settle it?

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thanks

Barrister

Customer: replied 9 months ago.
The property is titled under my father and mother's name both who have been deceased with my dad dying last in July of 2013.
However he took out a mortage in 1978 from a private individual a Mr. Frank L. Smith and Mr.Smith did not release the lien when the property was paid for. I don't have any proof of satisfaction of the mortage except for continued occupancy and over 30 years of records paying property taxes. I have spent over 2 8 hour days trying to find relatives of Mr. Smith and had no luck. I did contact a friend of his who also happened to be the notary public on the mortage that said Mr. Smith had been dead for years.
Father did not have a will in place at time of deathNo one has probated his estates. I don't even really understand if it needs to be done and what it is about maybe you can clear that up for me
Expert:  Barrister replied 9 months ago.

Ok, so I am going to assume that the answer to my question is "No", no one has ever filed a probate case to settle father's and mother's estate...

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If that is the case, then someone would have to do so in order to transfer the property out of father and mother's names. Once the probate case is filed, brother could sign a written disclaimer of any interest in that property and waive any ownership rights to it. Once that was signed and notarized, it would be legally binding and you could then transfer the property directly to yourself (assuming that you were the Administrator of mother and father's estates).

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As for the lien, once that property was in your name, you can file a "quiet title" action in court to have any liens judicially dissolved as invalid and have the judge order that you have clear title to the property.

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thanks

Barrister

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