Legal question about name on title of house.

TNDemo

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Sun Dec-14-03 06:23 PM
Original message

Legal question about name on title of house.

I know someone who inherited a house in 1999, after both her parents died. She still has the title of the house in their name, at least the tax bill is still addressed to them. She went through the probate process so legally (I think) it is her house. Are there any repercussions from leaving the dead peoples' names on the tax records for the county?

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CanuckAmok

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Sun Dec-14-03 06:26 PM
Response to Original message

1. It probably depends regionally, but I know...

...that Mrs. Amok had a year in which to have her dad's name removed from the deed of his apartment, from the date he died.

She was a joint owner of the apartment, which may have made a difference, but she still had to remove him from all the paperwork. She actually did it ASAP, because she decided to sell it, and it had to be 100% in her name before she had the right to sell.

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La_Serpiente

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Sun Dec-14-03 06:27 PM
Response to Original message

2. I think curse10 is a law student studying estates and probate court.

but I do not know where curse10 is.

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Don_G

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Sun Dec-14-03 06:33 PM
Response to Original message

3. I Don't Think There Will Be A Problem

The title has been transferred. It sounds like the County screwed up or the lawyer missed something.

A phone call and a copy of the title may be all it takes.

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liberalhistorian

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Sun Dec-14-03 06:39 PM
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4. If her parents' names are still on the title deed,

and the county sends the tax bill to them, then technically she doesn't own the house. The attorney handling the probate should have prepared a title deed putting the house in her name, the executor of the estate would have been the person transferring title to her. I'd suggest that that be done very quickly.

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Don_G

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Sun Dec-14-03 06:50 PM
Response to Reply #4

5. I Missed The "Their Name" Part

The lawyer and executor/administrator should have made sure that was done.

Have her check into it ASAP. That alone can void the insurance.

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TNDemo

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Sun Dec-14-03 07:01 PM
Response to Original message

6. One other tidbit for the story.

This is a person that does not take questioning well so I tiptoe around things. One thing that I think may have happened is that her husband took bankruptcy last year, at least I am pretty sure he is the one I saw listed in the paper. Can a married person take bankruptcy alone or does it have to be joint? And since this was her inheritance, could they have done that to save the house?

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liberalhistorian

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Sun Dec-14-03 07:16 PM
Response to Reply #6

7. Yes, a married person can file

separately, the spouse does not have to join in on the bankruptcy unless creditors petition the court to force them to do so. And if that's what, indeed, happened, and the house was not in the name of either of them, then it would have been protected from creditors. In that case, it may very well have been deliberate on their part.

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areschild

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Sun Dec-14-03 07:19 PM
Response to Reply #6

8. Here in Texas

even tho' you declare bankruptcy, there are 2 things they can't take from you. Your house and your car.

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Don_G

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Sun Dec-14-03 07:24 PM
Response to Reply #6

10. That Could Be A Problem

If married, any income or assets coming into a legal arrangement could be considered Community Property.

It depends on the state laws and a bankrupcy only complicates things.

She needs to consult with a lawyer to make certain the house is hers and will remain in her name.

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mlawson

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Sun Dec-14-03 07:19 PM
Response to Original message

9. The county just wants the tax money.

My mother's house was also in TN. Dad died in 1998, but I left his name on as taxpayer until 2002. The county couldn't have cared less.

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