Property transfer from estate without agreement

[Dave H]

I live in NC. My mother passed away about ten years ago, leaving her original home site to her three heirs through her will. The home has no value, the value is mostly in the land. One of my other siblings was executor. The property was initially listed by the registerer of deeds as "the heirs of". My siblings and I couldn't come to agreement on how to divide the land since the sibling that wanted it did not want to pay appraised price. One of the heirs died about five years later and his widow sold his share shortly after. That left me owning 1/3 and the other sibling owning 2/3. I just found out the other sibling deeded the entire parcel to herself. I don't know much about property deeds, but it seems like she would have needed some proof that all claims were satisfied. What is my recourse? The sibling passed away a week ago, so I know I will need to somehow make a claim against the estate.

 

[Zigner]

Your matter is too complex for an internet forum. You will want to seek the assistance of an attorney who specializes in real estate matters. I wish you the best of luck.

 

[Dave H]

Is this a criminal matter or civil? It seems to transfer property without getting the proper approvals would be illegal.

 

[Zigner]

Is this a criminal matter or civil? It seems to transfer property without getting the proper approvals would be illegal.

It's unlikely that this will be seen as a criminal matter. Speak to an attorney.

 

[zddoodah]

My mother passed away about ten years ago, leaving her original home site to her three heirs through her will. The home has no value, the value is mostly in the land. One of my other siblings was executor. The property was initially listed by the registerer of deeds as "the heirs of".

This is unclear. Please provide the following information:

1. Prior to her death, how was the property titled? Please use a made up name for your mother. Example: "Mary Smith, an unmarried woman."

2. What exactly did the will say was to become of the property (again, please use made up names). Exampe: The will said, "My property located at 1234 Main Street, Anytown, NC" is to be transferred to my three sons, Tom Smith, Dick Smith, and Harry Smith."

3. What does "The property was initially listed . . . as 'the heirs of'" mean? When is "initially"? How did the property come to be listed in this way? Where is it listed as such?

4. At some point, did your executor sibling execute a deed that transferred title of the property? If so, when did that happen?

I just found out the other sibling deeded the entire parcel to herself.

When did this happen? How did you find this out? Is this sibling the sibling who served as executor? What exactly does the deed say (again, please use made up names)?

I don't know much about property deeds, but it seems like she would have needed some proof that all claims were satisfied.

What claims?

And no. Anyone can go down and file/record a deed. It's done not infrequently as part of identity theft scams (although that's not what you're dealing with).

What is my recourse?

Depends on your answers to the questions I asked.

The sibling passed away a week ago, so I know I will need to somehow make a claim against the estate.

Wait...so both of your siblings who jointly owned the property with you have died?