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Damien Bosco
Damien Bosco, Attorney
Category: Estate Law
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There is a farm house that's been in our family for 79 or so

Customer Question

there is a farm house that's been in our family for 79 or so years. The deed was in great grandfathers name but he died many many years ago. deed hasn't been changer since 1929. there is myself, a brother, and two sisters in our generation. It was told to us by great grandma, great uncle, and and our own father face to face that the farm was to be handed down generation by generation. we had all been waiting to change the deed and put my fathers name and his kids name on deed. We had one great uncle left living. we were never told it was our turn to pay the taxes, although we were all ready and able. My brothers son went behind everyone's back, started taking great uncle and wife out to dinner, fishing trips, even started going to church with them. which then don't now since uncle died. he got lawyer to get abstract, deed paperwork, in 2013 before uncle died and got uncle his kids, my fathers brother, and my father to sign off. so now my dad's name and nephew's name is ***** ***** but there is a clause that my dad's name is ***** ***** only for life rights to go to farm. my dad say's lester was pressure him for many years to give him the farm and he felt pressured to sign papers in 2013. can't even read. lester and brandy his wife, though she is not on deed said as soon as my father died everything is changing brother kicked off property. lester saying he wants us to start paying taxes, we always wanted and was told for thirty eight years that farm was ours when father died.Lester was even paying taxes to my uncle before he even got his name on the deed
this was all behind our backs, never ever knew he was paying taxes and not for a long time after he was on deed did we even know he was on deed. after we foud out lester started crying about us paying rent, taxes. so we said as soon as our names were on deed. His wife said no no no you don't have to be on deed we're paying all taxes. She and lester knew exactly how farm was handed down from geration to generation we never knew he was paying taxes or anything. wife said years ago it doesn't say that on deed grampa can give farm to anyone he wants. now he's threatening me to kick me of property. this year I was going to put roof on farmhouse so I wanted on deed like were all sopose to be. Lester said he saved farm for family but now wants money back, half for all taxes he paid everyone's back for years. This is killing me I'm getting sicker and sicker. I've gone to that farm for 58 years. this was a dirty deal all the way around.
Submitted: 12 months ago.
Category: Estate Law
Expert:  Attorney2 replied 12 months ago.

Welcome and thank you for your question.

Expert:  Attorney2 replied 12 months ago.

You would not have a duty to pay taxes until you were actually named as owners on the deed. The tax bills are sent to the owner of record. I am a little confused as to how the deed ended up in the uncles name. The only way real property transfers is by deed or through an estate. Can you explain what occurred with Uncle? I would like to see the instrument that required you to pay taxes. Where is there a written estate document that requires you to pay taxes?

Are you online with me?

Expert:  Damien Bosco replied 11 months ago.

Hello. The previous attorney working on your question has opted out. My name is***** am an attorney. I am here to help you with your question. Let me know if you still want to discuss all the issues of it since there seems to be a lot of them.

Customer: replied 11 months ago.
there isn't one. uncle was never on deed but he was the last living family member in original family. then it would go to my father and his brother. They all signed there shares over to lester an abstract and family tree was done by lester and a lawyer was involved to clear up deed. lester says they went to my fathers bank to get everything notorized but my dad doesn't think so. So now deed is just in lesters name and will never reach us or our children. lester is requiring us to pay half of all taxes, electric, lawyer fee's ect. and he won't put us on deed until we do. dad regrets what he did, as he said he was pressured. lester got everything in place and everyone then came and got my dad in morning he is 82 in ailing health. I don't know if uncle actually got on deed the three just signed over everything to lester. maybe lawyer bypassed that part somehow.
Expert:  Damien Bosco replied 11 months ago.
Do you have a copy of the deed or the agreement that your Father signed to turnover the property to your Uncle? Can you get copies?