Property Experts (Legal Advice maybe?)

[Murgatroy]

I will try to keep this short and to the point as well as understandable.

 

 

Tonight while talking with my elderly and frail mother, the subject of her land taxes came up. It seems she hasn't paid them this year. I was hit with a stream of excuses, the root of all was the unspoken truth, that my poor helpless sister of course needed the money more... But we will cover that later.

 

My mother is on SS and has no income other than that. A few years ago I looked up a program that would help her and passed the info along. So I asked her what had ever come of that. Well, the answer was not what I expected.

 

Her mother died four years ago. Her parents owned the property. Since their death, she never had the deed put in her name. She has been paying the land taxed (until this year) and going on her merry little way. The property was left to her in the will, but it seems she never followed up on anything after that point.

 

We have reached a point in my mother's life where realities of tomorrow are not as rosy as they are for a younger person. As well as her limited income things aren't always easy for her to cope with as they might be for a younger person. As such, my mother has asked if I would be interesting in taking ownership of the property.

 

I understand that I would be responsible for any associated costs as well as the past due taxes, but my question is more along the lines of what are the costs? I have never owned property, and we are long term leasers where we live now, so I am in entering into new territory here.

 

What protections would I need, as obviously my mother would be a long term tenant of the property. I would want to make sure she was taken care of, but at the same time, I have a no good worthless sister that has done nothing but bleed our mother dry (with a felony record of the events nonetheless.) 

 

I have a legal service, but I would like to just get some anecdotal advice from folks I tend to trust before I go down that road.

 

Anything?

[bersaguy]

I think before I sought our a lawyer You might try talking to someone in the real estate business. I have found when it comes down to knowing about the many different situations on land and houses they seem to know more than many lawyers and can advise you more and it won't cost you and arm and leg....................jmho

[UncleJak]

They will have to run a title search and do a quick claim to you. Additionally, they will need a copy of the will where it was given to her. Depending on where you are located, I can recommend a good person; as we just had a similar experience with my wife's nana.

Sent barefoot from the hills of Tennessee

[midtennchip]

You are going to need some legal help, so I would suggest contacting the legal plan and see what they can offer. First, your mother does not have the ability (yet) to deed the property to you. She does not have the deed in her name. That needs to be handled first. Then you can look into her deeding the property to you.

You are probably talking about a quit claim deed. Not really sure what "protections" you are thinking about, though. If you become the owner, you would be responsible for taxes. Depending on where the property is, that could be several levels of taxes (city, county, etc.). Beyond that, you would be responsible for upkeep if you have a tenant. But that begs many questions regarding whether you charge rent, whether mom keeps a life estate, or any other methods of dealing with the tenant issue.

This is NOT something a real estate agent is going to be able to work through. You need to contact an attorney and, at a minimum, need to get the deed into your mother's name.

[Guest 6.8 AR]

Get a deed in whoever's name, pay all the back taxes, and current taxes, record the deed, enjoy the property. Don't let it get to

the point of a courthouse sale. Deal with your family however you need to. If it goes to a tax sale and someone buys it, I don't

remember, but I think Tennessee doesn't allow for a time after the sale to make it whole again. Hell, a real estate agent might like the property enough to get it for themselves. Yeh, listen to Chip. :D

Edited November 7, 2013 by 6.8 AR

[seez52]

You'll need an atty. to navigate the process. I would recommend one that specializes in real estate law as a matter of their business. They should be able to help you more easily than a general atty. that would only occasionally do real estate. Depending on the property if your mother needs additional income it might be possible for her to get a reverse mortgage on the property that would pay her every month. Some people think they are scams, but if you're dealing with a reputable mortgage broker they can help seniors that have limited income streams, but who have real property assets.

[Murgatroy]

The money isn't so much the issue as my drug addict sister taking the money is.

 

That is the protection I am mainly concerned of. With my sister and her known criminal record (she is a felon with a long list of theft and drug/alcohol related convictions) I am concerned of issues there. With my mother being of sound mind making this decision, could my sister have a right to contest it? If I am the property owner and my sister is busted manufacturing meth on the property, could I be held liable?

 

I am looking to protect my mother and ensure that she has a place to live, however she continues to allow my sister to come home, which invariably ends with police intervention. I can't tell my mother what she can and can't do, as my sister is her child as well, and my mother will do anything for her. This also means looking the other way when her truck is stolen and wrecked, or her bank account is cleaned out... If the house is in my name, would I be better able to protect my mother and ensure she has a place to call home?

 

I am not after the property for personal gain, as I have made it clear several times over the past decade as my mother's health has declined. If any of my siblings were to move home and selflessly care for my mother, I promised they would get the house. That offer will always stand. But it seems that none of my siblings care enough, and I am 400+ miles away. My sister has moved home under this guise more than once, but again, she would just wind up robbing my mother blind. My mother is aware of this, and wishes she could stop being a door mat, but after a decade of doing it, it is obvious to everyone that she is incapable of saying no.

[Andyshowfan]

My dad, brother and I were in a somewhat similar situation other than the fact that my paternal grandmother had passed. The land was in her name, but my dad's sister, her husband and my first cousin were living on the property. We paid 2/3 appraisal value to my dad's sister and brother. Then did a quit claim deed and gave my aunt and uncle life time estate on the property but not my cousin. The three are not the most law abiding citizens and we were concerned, especially with my cousin, about drugs and legal issues, however I believe that they are only considered "tenants" and what they do is on them even though we own the property, much like if you are a landlord of an apartment and they are caught cultivating pot in the bedrooms. As stated above though seek an attorney that is well versed in real estate law. Good luck brother I feel your family grief.