P
ProSe
Guest
I live in New Mexico
about a year ago my mother's cousin (let's call him "Dennis") sent out Quiet Claim deeds to all his cousins and/or their decendents requesting they quiet title some land to him. This land was apparently held by my mother's great, great uncle (who died over 40 years ago) and Dennis's male parent (who died around 12 years ago).
There are around 50 cousins included in this mailing.
According to family folklore, The great, great Uncle apparently never actually was "close" to Dennis's father. But Dennis's father was quite business wise, and the community that the land is in, refused to sell property to Dennis's dad. Dennis claims that his dad and the Great, Great Uncle bought the land together and intended to title it to Dennis's dad. This apparently never happened during Uncle's lifetime.....he (Uncle) died in his early 40's.
Dennis has been paying property taxes on this land, leasing it to ranchers, and has somehow sold a portion of the land that Uncle used for his store.
Now, Dennis has a buyer for the property and since all the cousins are decendents, they all own a small percentage of the land so the title isn't clear to sell.
The problem is, Dennis has an Atty that is writing complaints to the cousins who haven't signed threatening to charge them for property taxes that Dennis and/or his dad paid on this land. (He is not willing to reimburse the cousins for the income he received in the leasing of the land)
I believe Dennis has conducted this thing fraudulently. By not disclosing to the cousins that the land even existed. And not sharing the leasing monies.
Had the cousins known that they owned anything that belonged to Uncle, they are all in positions to have contributed to the taxes, upkeep, etc.
Can we file a counterclaim for emotional distress brought on by his acusations that the cousins shouldn't have any rights to the land because they didn't pay taxes?
It's not worth much, especially if they divided it between 50 people, but it's the principle of it all. To the family, this is a sort of historical landmark. and Dennis seems to be dancing on Uncle's grave.
I need to respond in 20 days. please, any tips are welcome!
about a year ago my mother's cousin (let's call him "Dennis") sent out Quiet Claim deeds to all his cousins and/or their decendents requesting they quiet title some land to him. This land was apparently held by my mother's great, great uncle (who died over 40 years ago) and Dennis's male parent (who died around 12 years ago).
There are around 50 cousins included in this mailing.
According to family folklore, The great, great Uncle apparently never actually was "close" to Dennis's father. But Dennis's father was quite business wise, and the community that the land is in, refused to sell property to Dennis's dad. Dennis claims that his dad and the Great, Great Uncle bought the land together and intended to title it to Dennis's dad. This apparently never happened during Uncle's lifetime.....he (Uncle) died in his early 40's.
Dennis has been paying property taxes on this land, leasing it to ranchers, and has somehow sold a portion of the land that Uncle used for his store.
Now, Dennis has a buyer for the property and since all the cousins are decendents, they all own a small percentage of the land so the title isn't clear to sell.
The problem is, Dennis has an Atty that is writing complaints to the cousins who haven't signed threatening to charge them for property taxes that Dennis and/or his dad paid on this land. (He is not willing to reimburse the cousins for the income he received in the leasing of the land)
I believe Dennis has conducted this thing fraudulently. By not disclosing to the cousins that the land even existed. And not sharing the leasing monies.
Had the cousins known that they owned anything that belonged to Uncle, they are all in positions to have contributed to the taxes, upkeep, etc.
Can we file a counterclaim for emotional distress brought on by his acusations that the cousins shouldn't have any rights to the land because they didn't pay taxes?
It's not worth much, especially if they divided it between 50 people, but it's the principle of it all. To the family, this is a sort of historical landmark. and Dennis seems to be dancing on Uncle's grave.
I need to respond in 20 days. please, any tips are welcome!