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24MikeG

Junior Member
What is the name of your state?What is the name of your state? New york

A father owned a house and had 4 sons. 3 sons married moved away and had children. The 4th son always lived with his father. the father died. No one asked questions about the will. The unmarried son lived in the house for 20 years as all 3 married sons passed away over time. After 20 years, the house is still in the fathers name in town and all other records. The 4th son still lives in the house and has maintained the property and paid the real estate taxes since the father passed away. Who does this house belong to now?

How to legally record the name of the proper owner(s) of the house?
 
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BelizeBreeze

Senior Member
24MikeG said:
What is the name of your state?What is the name of your state? New york

A father owned a house and had 4 sons. 3 sons married moved away and had children. The 4th son always lived with his father. the father died. No one asked questions about the will. The unmarried son lived in the house for 20 years as all 3 married sons passed away over time. After 20 years, the house is still in the fathers name in town and all other records. The 4th son still lives in the house and has maintained the property and paid the real estate taxes since the father passed away. Who does this house belong to now?

How to legally record the name of the proper owner(s) of the house?
Is this a homework assignment? If not, stop posting like it it. Give exact facts.
 

BelizeBreeze

Senior Member
24MikeG said:
These are the facts. Its ok if you can't help me.
These are NOT facts. These are recitations of a textbook. If you want help come back with a situation that SOUNDS like it belongs to you, not 'a father' or 'a son'.
 

24MikeG

Junior Member
pojo2 said:
Why the grandchildren trying to take the house now?
Thanks for your thoughtful question. One set of grandchildren have already convinced the elderly uncle to put all cash jointly in their mom's name and the elderly uncle's name. They also tried to have all grandchildren sign house over entirely to the elderly uncle. The obvious next step is that the title would then also be put in same joint names as cash accounts. That would effectly cut remaining 2 sets of grandchildren out of the will that was never written.

Also - none of the grandchildren are interested in asking the elderly uncle to leave, just in eventually sharing grandpa's house fairly.
 
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BelizeBreeze

Senior Member
24MikeG said:
Thanks for your thoughtful question. One set of grandchildren have already convinced the elderly uncle to put all cash jointly in their mom's name and the elderly uncle's name. They also tried to have all grandchildren sign house over entirely to the elderly uncle. The obvious next step is that the title would then also be put in same joint names as cash accounts. That would effectly cut remaining 2 sets of grandchildren out of the will that was never written.
Are you talking about a deed to a home or a title for a damn trailer?
 

BelizeBreeze

Senior Member
24MikeG said:
ownership of a house
Then to answer your question, the home is owned by ALL FOUR original heirs to the father's estate and no one heir has the right to sell or deed anything until the home goes through probate.
 

24MikeG

Junior Member
BelizeBreeze said:
Then to answer your question, the home is owned by ALL FOUR original heirs to the father's estate and no one heir has the right to sell or deed anything until the home goes through probate.
Thank you. Is the next step to hire a lawyer to begin the probate process? I would have thought that would have happened when our grandfather died 20 years ago. Also - are there now 9 heirs if there 8 grandchildren and 1 son alive?
 

BelizeBreeze

Senior Member
24MikeG said:
Thank you. Is the next step to hire a lawyer to begin the probate process? I would have thought that would have happened when our grandfather died 20 years ago. Also - are there now 9 heirs if there 8 grandchildren and 1 son alive?
This is a mess. A probate attorney is the FIRST step. There are as many heirs as there are 'issue' from each son. So the deceased son's share go to their estate.

Probate SHOULD have been done when gramps died.
 

nextwife

Senior Member
Have you even verified whether a will was or was not filed in the appropriate county courthouse? Perhaps the PR of the estate never completed the transfer of title from the estate iun accordance with the will..
 

24MikeG

Junior Member
nextwife said:
Have you even verified whether a will was or was not filed in the appropriate county courthouse? Perhaps the PR of the estate never completed the transfer of title from the estate iun accordance with the will..
thanks for responding - so far I have verified that the town hall records still have my grandfather listed as the owner
 

nextwife

Senior Member
24MikeG said:
thanks for responding - so far I have verified that the town hall records still have my grandfather listed as the owner
That is NOT what I asked.

Have you checked in the appropriate COUNTY COURTHOUSE, not to see how title is currently held, but whether a will WAS filed? I have seen cases in which the PR did not understand that they needed to create a transfer of title from ther estate to the inheriting party. They thought the EXISTANCE of the will stating who was to get the property was enough.

So, my question to you was - was a will ever filed, have you actually CHECKED the county probate records?

Regardless, you need a probate attorney. First, for Grandpa's "estate".
 

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