Land in will

[Yoko_Kurama]

I live in South carolina. My family inherited a piece of property from my grandpa. There is a gas tank underground. Does my family have to pay to have it removed?

 

[HomeGuru]

I live in South carolina. My family inherited a piece of property from my grandpa. There is a gas tank underground. Does my family have to pay to have it removed?

**A: no, just light a match nearby and it will be removed on it's own accord.

 

[HomeGuru]

Actually check with EPA www.epa.gov search lust.

 

[JETX]

"Does my family have to pay to have it removed?"
*** The current owner is liable for the costs of removing the environmental violation. Of course, the owner could then sue the person/company who created the violation.

 

[I AM ALWAYS LIABLE]

My response:

I guess your Grandpa's name was Gomer, and you finally got that gas station he had in Mayberry!

Wasn't the Andy Griffith show set in South Carolina? I think it was.

IAAL

 

[HomeGuru]

Well, Golly, that's a gas.

 

[Yoko_Kurama]

Thanks for the help. Tis not good news... I suppose the fact that the tank was put in before the law was passed makes no difference. If only the Gov't would come and do it themselves.

Say, is it possible to just give up the property to the government. That way they would be responsible for it?

Andy Griffith was filmed in North Carolina, good guess though.

 

[I AM ALWAYS LIABLE]

I live in South carolina. My family inherited a piece of property from my grandpa. There is a gas tank underground. Does my family have to pay to have it removed?

My response:

Did this land actually go through the Probate process in court, or is your family just "assuming" it belongs to them because it was in Grandpa's Will?

In other words, is there a NEW name on the title deed?

IAAL

 

[Yoko_Kurama]

Nope no probate process. It is in the will for my parnets, my aunts, and uncles to inherit it though. Perhaps the slow process of courts could be advantagous.

 

[I AM ALWAYS LIABLE]

Nope no probate process. It is in the will for my parnets, my aunts, and uncles to inherit it though. Perhaps the slow process of courts could be advantagous.

My response:

Then, simply, the property doesn't belong to anybody at this point, except that it's still owned by Grandpa's "estate".

If you and your family don't want to be strapped and saddled with the financial burden of cleaning the land, then DO NOT accept the gift of the land. There is NO LAW that requires anybody to accept a gift - - no matter what the Will says. For example, if I wanted to give you a car, but the car would require $10,000.00 to make it function, you have the choice of accepting my gift or simply saying "No way, Jose!"

But, once you accept the land as a gift, and once the court places your name on the title deed, then all assets and liabilities that "run with the land" falls upon your shoulders.

If your aunts and uncles want the land, then let them have the headache. If no one wants to accept the gift, then the land will, at some point, go to the State (that's called "Escheat").

So, don't accept the gift, and don't pay any taxes on the land. Leave it alone, and don't do anything with the land and don't do anything on the land.

In short, walk away from it, and don't look back.

IAAL