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Question regarding transferring ownership per a will

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Pammy67

Junior Member
What is the name of your state? NC

My father passed away in March of 1997. My children, who were 9 and 11 at the time, inherited his land. I am the executrix of the estate. I had a probate attorney and at the time the will was going through probate he stated that the land could not go into the children's names as they were minors. They are both adults now and I'm being told that within 2 yrs of the youngest becoming an adult, the deed has to be transferred into their names or the land will be up for grabs for anyone. I contacted the register of deeds office in the county where the land is located and they stated they could not give legal advice. How do I go about getting a deed in my children's names without having to pay an arm and a leg for an attorney to do it. I am not very trusting of attorneys at this point in time.

Would I use a quit claim deed or is there another form that I can use to do this? Any information will be greatly appreciated.What is the name of your state?
 


anteater

Senior Member
What is the name of your state? NC

My father passed away in March of 1997. My children, who were 9 and 11 at the time, inherited his land. I am the executrix of the estate. I had a probate attorney and at the time the will was going through probate he stated that the land could not go into the children's names as they were minors...
Maybe you should clarify some things first. What does the use of the present tense - "..am the executrix..." - mean? The probate estate is still open after more than 10 years? If the estate was closed, what was done about owenrship of the land?
 

seniorjudge

Senior Member
Maybe you should clarify some things first. What does the use of the present tense - "..am the executrix..." - mean? The probate estate is still open after more than 10 years? If the estate was closed, what was done about owenrship of the land?
They are both adults now and I'm being told that within 2 yrs of the youngest becoming an adult, the deed has to be transferred into their names or the land will be up for grabs for anyone.

And, who is telling you such a ludicrous tale?
 

anteater

Senior Member
They are both adults now and I'm being told that within 2 yrs of the youngest becoming an adult, the deed has to be transferred into their names or the land will be up for grabs for anyone.

And, who is telling you such a ludicrous tale?
The infamous Im Being Told. Wish that I could find out where that guy hangs his shingle.

A close relative of I. Have Heard. At least that is what I. Was Told.
 

Pammy67

Junior Member
OK, I refer to being the executrix because I have had things come in to the estate a few times in the last 11 years, once was a refund for insurance, and then an overpayment for a medical bill etc, and each time I had to pay a fee to reopen the estate to cash the check and give it to the heirs. As for who told me that ...it was an attorney out of Charlotte that handles real estate issues and my son-in-law consulted with her regarding this matter.. Thus my confusion and distrust of attorneys. I contacted the attorney that told me 11 years ago about getting their names on the deed and he stated it was not part of the estate issue and that I would have to pay him an additional minimum of 150 just to start the paperwork. In turn, my son-in-law contacted an attorney in Charlotte, and she is the one that stated it needs to be done before the youngest heir turns 20**************also, I have stayed in contact with the probate office over the years to find out the status of probate and each year they stated that it was still open because the heirs were minors. Then in March of this year someone in that office told me "no dear, that was only open for a year". So, hopefully that will clear up any confusion.
 

seniorjudge

Senior Member
Okay, first, your probate attorney sounds like he didn't know what he was talking about.

I contacted the attorney that told me 11 years ago about getting their names on the deed and he stated it was not part of the estate issue and that I would have to pay him an additional minimum of 150 just to start the paperwork.


Second, are you sure your son-in-law is reporting the following correctly?

As for who told me that ...it was an attorney out of Charlotte that handles real estate issues and my son-in-law consulted with her regarding this matter.





In any event, do this: Go a title insurance company that does business in the county where the land is. Ask for a title report (or letter report or ownership and encumbrance report or whatever they call it there). It will tell you who owns the land now.

Carry that report to a reputable real estate attorney (ask around first) and ask that lawyer how to get it into your kids' names or whatever you want to do with it.
 

Pammy67

Junior Member
The deed is still in my father's name. I already have that. The city that the land is in states that because the will named my children that the deed is in their name. Yet, I have been to the register of deeds and gotten the most updated copy of the deed and it is indeed still in my father's name. And the information from my son-in-law is 100% accurate as to what he was told, because he couldn't believe it and made the attorney repeat it to him.
 

seniorjudge

Senior Member
The deed is still in my father's name. I already have that. The city that the land is in states that because the will named my children that the deed is in their name. Yet, I have been to the register of deeds and gotten the most updated copy of the deed and it is indeed still in my father's name. And the information from my son-in-law is 100% accurate as to what he was told, because he couldn't believe it and made the attorney repeat it to him.
Okay, I gave you correct and accurate legal advice.

If you do not want to take it, then that is not my problem.
 

Pammy67

Junior Member
I was not refusing your advice. My original question was how can I go about getting the land or deed into the girls' names without having to go through an attorney. This whole situation should've been dealt with in 1997 by the estate attorney but it wasn't, and now 11 yrs later it is coming back to bite me and that is one of the reasons I came here. If there were reputable attorneys in my area I would go to them, but being as they all say it should've been done by the estate attorney and they can't handle it, how does it get resolved if not by me doing it myself. Again, I was not refusing your advice, I was answering the questions that you posed to me before giving the advice to hire an attorney.
 

seniorjudge

Senior Member
Q: I was not refusing your advice. My original question was how can I go about getting the land or deed into the girls' names without having to go through an attorney.

A: And I told you; you must use a lawyer. You've run into a couple of crummy ones; now you need a good one.



Q: This whole situation should've been dealt with in 1997 by the estate attorney but it wasn't, and now 11 yrs later it is coming back to bite me and that is one of the reasons I came here. If there were reputable attorneys in my area I would go to them, but being as they all say it should've been done by the estate attorney and they can't handle it, how does it get resolved if not by me doing it myself.

A: If a lawyer says he cannot do it now, then you are obviously talking to an incompetent lawyer. The problem you have comes up thousands of times a day in this country. You need a lawyer to fix it.
 

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