Deed vs Will

[protobuc]

What is the name of your state (only U.S. law)? North Carolina

After my mother passed in 1998, my oldest sister (my trustee and executor of my mother's estate) transferred a warranty deed from my mother's home solely in my name in 2000 (when I turned 21). The will states that my mother's real and personal property be divided equally between her 5 children. At the time my oldest brother received my mothers car which was valued at 15k (we all signed off for it). The home (valued at 40k) has been occupied by my grandmother and uncle until they recently passed. The latter (my ucle) passed in February of 2008.

I was recently made aware that my name is the only name on the deed (I checked my vehicle taxes online and found out that I had property taxes due). My oldest brother and sister have just leased the place to my cousin and are keeping all of the profits. My two other siblings do not want anything to do with the home. My oldest brother and sister insists that the deed was done wrong and want me to sign the house solely to them (I don't believe it was done wrong). My mother's estate has been closed for 8 yrs. After going to the courthouse to review my mothers estate, I found out I was the beneficiary to her life insurance policy. I never received any money from the policy.

I would like to know do I legally own the home? How can I find out if the home was put in a trust for me? What rights do my siblings have? What rights do I have?

 

[tranquility]

A deed is presumptive proof of ownership. That presumption can be challenged. From your facts, it seems like a successful challenge can be had. I would see an attorney to review the facts and find out where you stand.

 

[protobuc]

How can I tell if the deed was in a trust? There was no trust documentation in my mother's file at the courthouse. I don't think my sister would put the home solely in my name unless she had to do it.

Before my mother passed, my sister was taking money from my mother's account while she was in the hospital. The bank sent a letter that is recorded in my mother's file stating that money was taking from her account after she passed. My mother was in the hospital for over a month before she passed. So I think greed is coming into play. Especially now that the home is not occupied by anybody.

 

[msiron]

If the deed was in a Trust it was recorded at the 'Registry of Deeds' of your county (where the property is located) you will see when it was taken out of OWNER NAME and put into TRUST NAME, and vice versa. It's a history of Deed ownership. Go there and spend some time, copy everything. They may have it online. What county in NC?

 

[protobuc]

The deed was transferred in Duplin County. From my research, the only time the deed was transferred after my mother's death was when it was transferred to me by my sister (my trustee/executor of my mother's estate) from my mother. Again my mother's estate has been closed for 8yrs and my sister signed the warranty deed over to me - which states she will defend any claim on the property.

With these facts, do you think she has a chance of reopening my mother's estate and winning a judgement to have the deed redone?

 

[tranquility]

Yes.

After my mother passed in 1998, my oldest sister (my trustee and executor of my mother's estate) transferred a warranty deed from my mother's home solely in my name in 2000 (when I turned 21). The will states that my mother's real and personal property be divided equally between her 5 children.

The will was not followed and I am uncertain as to how sister felt she could transfer the property solely to you.

 

[protobuc]

Is there a statute of limitations for reopening the estate or claiming a portion of the property after the estate has been closed? If so, what is it for NC?

 

[seniorjudge]

Is there a statute of limitations for reopening the estate or claiming a portion of the property after the estate has been closed? If so, what is it for NC?

Factors for Determining Undue Influence : North Carolina Estate Planning Blog

It's very short...usually six months to a year after the will is admitted to probate.

Here's a link to help you research.

 

[tranquility]

Fraud on a deed is forever.

 

[protobuc]

The property has already gone through probate and my sister was the executer. Does this matter as far as reopenning my mother's estate to change the deed?

 

[protobuc]

What happens to an attorney's client files when they die? Are they filed with the court?

 

[anteater]

Check with the NC Bar Association.