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Roger
Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 31786
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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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: 8 years ago.
Category: Bankruptcy Law
Expert:  Roger replied 8 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 8 years ago.
IS THERE A NEW LAW THAT ALLOWS HER DEBT TO FOLLOW AND INCUMBER PROPERTY THAT IS NOT HERS?
Expert:  Roger replied 8 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 8 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 8 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 8 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 8 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 8 years ago.
ALL 4 OF US SIGNED DEEDS TO EACH OTHER. COULD THIS BE PROBLEM?
Expert:  Roger replied 8 years ago.
That is he problem. You'll probably need to file a petition to quiet title.
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