Property dispute

[jodibrown]

What is the name of your state (only U.S. law)? New Mexico. My sons inherited some property from their father. One of the sons currently lives on the property. This land was originally bought with 3 other people; father, his wife and another couple. All are deceased except the wife of the other couple. About 10 ten years ago she moved to another state and hasn't made any tax payments or loan payments regarding the land. The father ended up paying the land off around 4 years ago. My son has been handling the finances of all his father's accounts and estate; even the insurance company has made a payoff to both of my sons. The co-owner of the property does not want to pay back what the father paid on her behalf. My son is trying to get a copy of the check that paid off the property. The bank won't give it to him unless he proves he is a representative of the estate. Because there was is Will he has nothing on paper showing that he is a representative only a document showing that his father left his portion of the land to his only two children, my sons. How can my son get a copy of this check or prove he is the representative? He wants to put the property on the market but wants to come to an understanding with the other co-owner as to what amount should be deducted from her share to pay back her half of the property taxes and her half of the pay off.

[HomeGuru]

Originally Posted by jodibrown

What is the name of your state (only U.S. law)? New Mexico. My sons inherited some property from their father. One of the sons currently lives on the property. This land was originally bought with 3 other people; father, his wife and another couple. All are deceased except the wife of the other couple. About 10 ten years ago she moved to another state and hasn't made any tax payments or loan payments regarding the land. The father ended up paying the land off around 4 years ago. My son has been handling the finances of all his father's accounts and estate; even the insurance company has made a payoff to both of my sons. The co-owner of the property does not want to pay back what the father paid on her behalf. My son is trying to get a copy of the check that paid off the property. The bank won't give it to him unless he proves he is a representative of the estate. Because there was is Will he has nothing on paper showing that he is a representative only a document showing that his father left his portion of the land to his only two children, my sons. How can my son get a copy of this check or prove he is the representative? He wants to put the property on the market but wants to come to an understanding with the other co-owner as to what amount should be deducted from her share to pay back her half of the property taxes and her half of the pay off.

**A: so was there a will or not. If there was will, the property should have gone through probate if the ownership tenancy was not joint. This must be established first before partition.

[JETX]

I agree with HG... and add that your sons are NOT the owners of the property.

"This land was originally bought with 3 other people; father, his wife and another couple. All are deceased except the wife of the other couple."
That is FOUR people. 'Dad' and his wife.... and the other couple.

Unless the property has cleared ALL property claims and if all were equal owners, at best each son MIGHT have a claim for 1/8th of the total property (Dad's quarter share, split to each son).

Wife's 1/4 share would go to HER heirs, if any.
And the husband of the 'other couple', his 1/4 share would go to his heirs.
And the surviving wife would still own her 1/4.

Definitely sounds like some probate attorney is going to get rich on this one.

[jodibrown]

No, there is no will, however; a document was submitted through the clerk's office by the father that his son's would inherit his share of the property listing my son's as co-owners. When his wife passed away the father became owner of her share of the property that they purchased together as husband and wife, then he left it to his two sons. The other couple was married when the husband passed away leaving his wife to inherit his share of the land. So wouldn't that mean that the wife is owner of half and my two sons are co-owners of 1/4 each. My guestion is how does my son begin the process of proving he is the representative of his father's finances since his father passed away.

[seniorjudge]

Originally Posted by jodibrown

No, there is no will, however; a document was submitted through the clerk's office by the father that his son's would inherit his share of the property listing my son's as co-owners. When his wife passed away the father became owner of her share of the property that they purchased together as husband and wife, then he left it to his two sons. The other couple was married when the husband passed away leaving his wife to inherit his share of the land. So wouldn't that mean that the wife is owner of half and my two sons are co-owners of 1/4 each. My guestion is how does my son begin the process of proving he is the representative of his father's finances since his father passed away.

Keep all your questions on this subject in this thread:

[url]http://forum.freeadvice.com/probate-personal-representatives-114/representative-without-will-please-help-428579.html#post2034868[/url]

[jodibrown]

I am not sure what your answer means. I am very new at this which is why I am looking for answers. What does it mean to keep all my questions in this thread. I am guessing that it means to only reply and post under the original question that I asked. I switched because I wasn't sure is what I was asking is under real estate or not. My question is how does my son become a representative of his fathers estate without a will?

[seniorjudge]

Originally Posted by jodibrown

I am not sure what your answer means. I am very new at this which is why I am looking for answers. What does it mean to keep all my questions in this thread. I am guessing that it means to only reply and post under the original question that I asked. I switched because I wasn't sure is what I was asking is under real estate or not. My question is how does my son become a representative of his fathers estate without a will?

Post your questions here:

[url]http://forum.freeadvice.com/probate-personal-representatives-114/representative-without-will-please-help-428579.html#post2034868[/url]

[jodibrown]

I spoke with my son last night and he said that a Quick Claim's Deed was written up and filed through the court listing my two sons as co-owners with the wife of the other couple. Is it possible that my husband and the wife of the other couple has their spouses names removed after their passing?

[FlyingRon]

The word is QUIT CLAIM.

A quit claim means nothing however, if the person listed as grantor had no ownership interest in the property.

Generally, when you probate the estate you can get the deceased names removed (granting their share of ownership to the heirs). You need to have this done for all the deceased parties who were on the deeds.

[jodibrown]

Thank you so much for the correction. Also the grantor did have ownership, he is owner with the other 3 owners. He also outlived his spouse who owned 1/2 of the property with him. She passed away first leaving her share to her husband and then he wrote up a Quit Claim before he died passing his share on to his children.

[HomeGuru]

Originally Posted by jodibrown

Thank you so much for the correction. Also the grantor did have ownership, he is owner with the other 3 owners. He also outlived his spouse who owned 1/2 of the property with him. She passed away first leaving her share to her husband and then he wrote up a Quit Claim before he died passing his share on to his children.

**A: ok, thanks for sharing.