38 year old estate

[lisart1958]

What is the name of your state? nc
Eight years ago my father paid his three sisters for their share of the family's inherited property. He had written on the check that this was for the 1/9 of the _________ estate. Now we are in a lawsuit because they want more money and or land. Are these checks considered a contract. They did sign and cash these checks.
My father passed away last year, and he does not have the deed because there are still two sisters who have not ever agreed to settle after 38 years. My father and his brother paid the taxes and paid them rent until 1998 when they cashed the checks.
Are there any former cases in nc that would give us insight?

 

[nextwife]

Did he have anyone DEED their interest in exchange for the money? Or did he merely write them a check and do nothing "of record" regarding the interest he "bought"?

 

[Dandy Don]

No this is not considered a contract. He needed contracts or quitclaim deeds signed by all involved parties, to show that both sides actually agreed to something.

He should have consulted an attorney to get the paperwork to have this done properly. Now, because he didn't do so, the executor of his estate or his heirs will have to hire a real estate attorney to get it done properly. Doesn't look like the other side has much chance of winning their lawsuit unless there are facts that we can't see here.

The deed should have been handled properly while he was alive and during probate, but wasn't.

DANDY DON IN OKLAHOMA ([email protected])

 

[lisart1958]

No, He did not have a deed. Three of the sisters took their checks, one sister, and one brother gave their part to my father, one brother was deeded his part, and two sisters have yet to decide where they want their property. After 38 years it does look like they would have made a decision.
There were numerous attemps over the years to get all of them to finalize. However, four of the family members are now dead,
Is there a statute of limitation on any of this?

 

[GaAtty]

Since your father is deceased, his part would be handled by the executor of his estate (if he made a will) or by the administrator (if no will). That person could either do an action to quiet title or ask that the property be sold by the court through a partition sale. This is a difficult problem, and hopefully you are not attempting it without an attorney.

 

[Dandy Don]

Statute of limitations would not seem to apply here. Just get an attorney and get going on clearing this mess up.