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Lawyer established heirs and vanished

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bbtsmile2

Member
What is the name of your state? MS
My father died in 2017, there was no will. Me and my sister have disagreed about most things, except the cars, as admin, I signed over title and that was that. The taxes have gone up on the house and since we cant agree on selling and who should live there, for now I want to have the home put in both of our names. The county clerk's office rep told me to do a quit claim deed and have it notarized but I spoke to a paralegal that said they have never seen a quit claim filled out as the Guarantor being and admin. The only thing the attorney did was establish us as the only heirs and then vanished into the thin air. I just want to put this home in both our names and we'll deal with the rest and few years from now. What can I do?
 

Zigner

Senior Member, Non-Attorney
What is the name of your state? MS
My father died in 2017, there was no will. Me and my sister have disagreed about most things, except the cars, as admin, I signed over title and that was that. The taxes have gone up on the house and since we cant agree on selling and who should live there, for now I want to have the home put in both of our names. The county clerk's office rep told me to do a quit claim deed and have it notarized but I spoke to a paralegal that said they have never seen a quit claim filled out as the Guarantor being and admin. The only thing the attorney did was establish us as the only heirs and then vanished into the thin air. I just want to put this home in both our names and we'll deal with the rest and few years from now. What can I do?
Do you think that having the house in both your names is going to make things easier?
 

bbtsmile2

Member
No I don't think it is easier but the taxes may be a few $100 lower. The issue is how to get it in both of our names.
 

Zigner

Senior Member, Non-Attorney
MS has a higher tax rate on non-owner-occupied residential property than if it's owner-occupied. My home state of WV is the same way, which came as a shock after my mom passed away and I got the first tax bill for her home.
So what? You can't even agree on who would be living there, so it's more likely to cause MORE problems if you are both owners.
 

bcr229

Active Member
So what? You can't even agree on who would be living there, so it's more likely to cause MORE problems if you are both owners.
No arguments there, I just wanted to explain why taxes might be reduced. I agree they should just sell the place and be done with it.
 

Stephen1

Member
Are you two joint admins of the estate or are you the sole admin appointed by the court? What I am getting at is that the admin(s) decide what happens to the house. It is wonderful if all the family agrees. But if you are the sole admin then you are allowed to sell the house without your sister's approval, permission, or any other input from her.
 

Zigner

Senior Member, Non-Attorney
I am the sole admin. Is there a way to fill out a quit claim deed w/ me being the admin. How would it be filled out?
First - have you been appointed administrator by the court?

Second - your question is beyond the scope of this (or any) legal forum. Speak to an attorney.
 

Zigner

Senior Member, Non-Attorney
Were you appointed administrator by the court?

In any case, as I said, you need an attorney. Best of luck to you.
 

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