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C

Cathy Berry

Guest
My mother-in-law died 1997. She had brought the family together to decide how to divide her property upon her death. Everyone decided to have the house and property put into the oldest berother's name to avoid inherantence taxes, and he would sell and divide the money with the other three brothers. He did sell, but he did not divide the money. We thought there was nothing that we could do because it was signed over to him before her death, but we discovered that the deed is still wrong. He knew the deed had a mistake and we thought that he had it corrected before he had it recorded, but we found out that he recorded it with the mistake. The discription of the property is on the wrong side of the corner stone (it reads west, but should read east). Does that make the deed void? If it is void, does that mean the property is still in the mother's name? Is there some way the other brother's can step up and make a claim on it? Or make the oldest brother give them their share? We live in the state of Indiana. Please answer these questions, we are very perplexed.
Thank You
 


M

Melissa M

Guest
I'd argue that the transfer was to him IN TRUST for the family, and not as a gift -- no gift tax was filed, etc.

The typing error on the deed is the wrong way to go.
 

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