Posted by Nate(DC) on October 01, 2003 at 22:45:09:
Then you would need to talk to an estate lawyer in the state in question, because the state laws about intestate succession would need to be consulted.
NT
Transfer of Deed - Posted by Yvette
Posted by Yvette on September 30, 2003 at 18:25:47:
Property owned by 79 yr old(partially blind) transfers the deed to a adult son/daughter this year 2003 and the elder person dies within the next 3 years is the house legally belong to the adult son/daughter when the elderly lady has 3 other son/daughters. Who want the house sold and divided equally.
Doesn’t the son/daughter have to own the property so many years while the father/mother is still alive?
Re: Transfer of Deed - Posted by Bill H
Posted by Bill H on October 01, 2003 at 16:37:50:
First, I am not an attorney and do not suppose to give legal advice. Get a competent real estate or probate attorney for legal advice.
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If the party is currently 79 (2003) as you state…how can you figure he/she will be dead in three years? Got something planned?
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I think you are referring to an old IRS tax situation which said if you do something (transfer, deed, etc) and die within three years for tax purposes they presumed you (Now deceased) were doing it in anticipation of death and avoiding taxes. I am not sure but I think that old rule has gone by the way.
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The other sons and daughters are “Out in the Cold” as I see it. Their only recourse would be to claim that the mother at 79 and partially blind is incompetent and unable to conduct her legal affairs. Short of that it is my belief that she can deed the property to whomever she desires. Perhaps there is a bit of acrimony in the family relations and she knows exactly what she is doing.
Good Luck,
BVill H
Re: Transfer of Deed - Posted by Nate(DC)
Posted by Nate(DC) on September 30, 2003 at 18:44:52:
Was there a will? If so, what did it say?
NT
Re: Transfer of Deed - Posted by Yvette
Posted by Yvette on September 30, 2003 at 22:37:49:
No Will.