Heirs in land battle

[lmclean703]

North Carolina

I would appreciate if someone could give me advice or their educated opinion in this matter.

My mother's mom died and her will could not be found. The county has since appointed the the children as heirs of my grandmothers estate. Prior to my grandmothers death, she had appointed my mom as the durable POA. My mom and my incomptent uncle now resides in my grandmothers house. For the past six years (years of death) my mom has paid the property taxes, is their any way for her to take ownership of this property? Would a quit claim deed suffice ownership? I've heard of other stances in this situation that the people residing could be responsible for paying rent to the other children not occupying the house. If this is so, shouldn't this make the other children responsible for sharing the property tax expenses? If, they so choose not to pay, shouldn't they relinquish their rights to the property? Is there any statue that could prohibit them from rightful claims?

I would greatly appreciate any advice that is given.

 

[BelizeBreeze]

North Carolina

I would appreciate if someone could give me advice or their educated opinion in this matter.

My mother's mom died and her will could not be found. The county has since appointed the the children as heirs of my grandmothers estate. Prior to my grandmothers death, she had appointed my mom as the durable POA. My mom and my incomptent uncle now resides in my grandmothers house. For the past six years (years of death) my mom has paid the property taxes, is their any way for her to take ownership of this property? Would a quit claim deed suffice ownership? I've heard of other stances in this situation that the people residing could be responsible for paying rent to the other children not occupying the house. If this is so, shouldn't this make the other children responsible for sharing the property tax expenses? If, they so choose not to pay, shouldn't they relinquish their rights to the property? Is there any statue that could prohibit them from rightful claims?

I would greatly appreciate any advice that is given.

The law doesn't allow you to "Force" a legal property owner to give up those rights. If you want mom to have the home, the other property owners must either quit claim their portions or sell them.

 

[seniorjudge]

My mother's mom died and her will could not be found.
This means grandma died intestate.

The county has since appointed the the children as heirs of my grandmothers estate.
I am not sure what you are saying here. Heirship is determined by state statute. Look in your state statutes for intestate succession.

Prior to my grandmothers death, she had appointed my mom as the durable POA.
The POA died with grandma. The POA is only effective if the person who made it is alive.

My mom and my incomptent uncle now resides in my grandmothers house. For the past six years (years of death) my mom has paid the property taxes, is their any way for her to take ownership of this property?
And why would the uncle and the other two heirs not receive their share?

Would a quit claim deed suffice ownership?
Yes, for the competent heirs. There will have to be a guardianship/conservatorship set up for incompetent uncle.

I've heard of other stances in this situation that the people residing could be responsible for paying rent to the other children not occupying the house.
True.

If this is so, shouldn't this make the other children responsible for sharing the property tax expenses?
Yes.

If, they so choose not to pay, shouldn't they relinquish their rights to the property?
No, but they could be sued for the amount they owe.

Is there any statue that could prohibit them from rightful claims?
None that I know of. Besides, if the claims are rightful, shouldn't they be allowed?

Mom needs to get a real estate attorney to file a partition suit. This is a forced sale. She can buy the land at the sale and it will be all hers.

Otherwise, she will need deeds from the other folks and from the uncle's legally appointed representative.

 

[nextwife]

My mom and my incomptent uncle now resides in my grandmothers house. For the past six years (years of death) my mom has paid the property taxes, is their any way for her to take ownership of this property?
And why would the uncle and the other two heirs not receive their share?

Would a quit claim deed suffice ownership?
Yes, for the competent heirs. There will have to be a guardianship/conservatorship set up for incompetent uncle.

I've heard of other stances in this situation that the people residing could be responsible for paying rent to the other children not occupying the house.
True.

HAS she been paying rent? If not, then getting to live somewhere with only the cost of property taxes is a pretty good deal. So, if mom lived there, and the other heirs didn't, why is it unreasonable for Mom to have been paying more than they toward the property during that time??

Mom acting as POA during GRandma's life has no bearing on inheritance.