deed

My mother and father got a divorce 20 years ago. In the settlement, my mother was awarded the house and property. My dad never filed a quick claim as he assumed his name was removed automatically upon the judgment. It was quite a shock to us to find out that the deed is in his name as well as in my mothers. However, his name has been removed from the tax papers at the court house. There are back taxes owed on the property and my dad does not want it. She recently passed away with no will. We are wondering WHO does the property belong too? I am sure there will be quite a mess over this if it is not easily resolved as the family is split down the middle; his and hers as far as the children go. Thank you!!

[HomeGuru]

THe property belongs to your mother's estate and is subject to jurisdiction of the Probate Court.

My husband and I want this property!! 3 other children do not want it. If my dad quit claims this property to me, will the children who want it have to produce the judgment awarding this property to my mother? I don't believe they have kept any records at all. The reason i don't want it probated is that none of the children who want it can afford to even pay the back taxes as i can afford to as they are dependent on state monies and missions to live (white trash i call it). I am thinking that if they have to produce papers to prove it was awarded they don't have them!! My dad is thinking about quit claiming it to me and hoping that they can't prove otherwise. This may not be ethical/moral, but until you know them, you wouldn't understand!! Thank you!!

[HomeGuru]

I don't have to know them and this is not about what you want.
Your father does not own the property even though his name is on the deed. The only reason that his name is still on is because he did not deed the property to your mother.
So what if no one has the papers, the divorce is public record and the Courthouse has the documents. Also the tile report would list the divorce as well as the death.
You see, it is not easy doing a fraudulent deed.
If Probate is not happening, the property title will remain messed up.

In that case, I will have to have it (only thing she has, no money, just bills) probated. Can you give me any advice on how i can obtain this property? I would NOT want to do it fraudulently.

[HomeGuru]

Originally posted by leelei
In that case, I will have to have it (only thing she has, no money, just bills) probated.

**My response: finally, you get the picture.

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Can you give me any advice on how i can obtain this property? I would NOT want to do it fraudulently.

Sure. Turn in an offer and buy the property from the Estate.

How do i begin the probate process?

[HomeGuru]

Hire a probate or estate attorney.