Tenants-In-Common Deed

[ljbunicorn]

What is the name of your state (only U.S. law)? Colorado (Land is in Nebraska)
Received land through dads Estate, That was left by Grandparents. And has obligations to it, Land Tax, up keep cost. And we had Inheritance cost to it. This land is to stay in the family, and be passed down to other generations. Neither Her or I have Kids, so it will be passed down to cousins kids. Dad had no will, had nothing. Estate was paid in full by me, I was PR of Estate. and the Estate is now closed. I paid the Inheritance cost for us. And I have been paying the yearly land tax, the up keep cost.
My sister did not want anything to do with the Estate process, Nor does she want anything to do with the land. She sent me a Easement of Release Paper,(stating she was told that this is what she needed to do to disclaim her Inheritance. I explained this was not correct. would not listen to me. My lawyer and I just finished up the Estate without the correct paper. Now, we have the deed which has her name on it as tenants-In-Common. she is mad, and demands I take it off of it.
what form or process will it take now, to take her name off? Can she transfer it to me? and what and is that process done. or does she just fill out a Renunication form

 

[LdiJ]

What is the name of your state (only U.S. law)? Colorado (Land is in Nebraska)
Received land through dads Estate, That was left by Grandparents. And has obligations to it, Land Tax, up keep cost. And we had Inheritance cost to it. This land is to stay in the family, and be passed down to other generations. Neither Her or I have Kids, so it will be passed down to cousins kids. Dad had no will, had nothing. Estate was paid in full by me, I was PR of Estate. and the Estate is now closed. I paid the Inheritance cost for us. And I have been paying the yearly land tax, the up keep cost.
My sister did not want anything to do with the Estate process, Nor does she want anything to do with the land. She sent me a Easement of Release Paper,(stating she was told that this is what she needed to do to disclaim her Inheritance. I explained this was not correct. would not listen to me. My lawyer and I just finished up the Estate without the correct paper. Now, we have the deed which has her name on it as tenants-In-Common. she is mad, and demands I take it off of it.
what form or process will it take now, to take her name off? Can she transfer it to me? and what and is that process done. or does she just fill out a Renunication form

You really should have dealt with this before you transferred the deed and closed the estate. You knew that she wanted nothing to do with the land and you should never have deeded it to both of you. You should have left the estate open until the matter was fully resolved. How much is the land worth?

 

[justalayman]

I agree with ldij. You took a simple process and made it a pain in the butt PLUS may have cost you some serious cash.

I am curious thought; why do you say the land must be transferred to family members? What mechanism is in place to enforce this?

 

[ljbunicorn]

I agree with ldij. You took a simple process and made it a pain in the butt PLUS may have cost you some serious cash.

I am curious thought; why do you say the land must be transferred to family members? What mechanism is in place to enforce this?

hi, she refused to deal with it. after sending the Easement of Release paper, stating that was what she was told to do to disclaim it. she would not do no more about it. she tore up every piece of paper work she was sent and sent it back to me. It was stated in my grandmothers will that the land is to be handed down through the generations (family)
why do you say it may have cost me some serious cash? just dealing with her and the Easement paper cost me a bundle. That is why we just finished it up and closed it.

 

[ljbunicorn]

You really should have dealt with this before you transferred the deed and closed the estate. You knew that she wanted nothing to do with the land and you should never have deeded it to both of you. You should have left the estate open until the matter was fully resolved. How much is the land worth?

yes, I tried to deal with it and her before we closed it. after she sent the Easement of release paper stating that was what she was told to do to disclaim it, she would no longer listen to me. and would not talk to a lawyer for advise. she tore up every piece of paper work we sent her and mailed it back to me. it cost me a bundle to deal with this. and was advised that we just pushed forward on this and close it. It is stated in Grandmas will the land is to be handed down to family (neither of us have kids.) estimate value 230,000 I believe.

 

[justalayman]

Because it changes the tax structure and value to you. Inhereting property is different than a person selling or
Giving property to you.


This also should not have cost you to deal with probate. The costs are the obligation of the estate.

 

[ljbunicorn]

Because it changes the tax structure and value to you. Inhereting property is different than a person selling or
Giving property to you.


This also should not have cost you to deal with probate. The costs are the obligation of the estate.

Dad had nothing! (no money) so, I paid for the probate court cost in full. She called and talked to the lady on the tax's, they sent her a copy of what her portion would be. Then she failed to pay her portion, in order to keep it in good standing I have paid them. I paid the Inheritance tax on the land also. like I said, she tore up all paper work and sent it back to me. (The lawyer and the courts were aware of this.)

 

[justalayman]

Dad had nothing! (no money) so, I paid for the probate court cost in full. She called and talked to the lady on the tax's, they sent her a copy of what her portion would be. Then she failed to pay her portion, in order to keep it in good standing I have paid them. I paid the Inheritance tax on the land also. like I said, she tore up all paper work and sent it back to me. (The lawyer and the courts were aware of this.)

I wonder if you offer her $115000 (minus her share of the inheritance taxes paid and her share of
The property tax of course) she might be more willing to transfer her share of the property.