QUESTION

What are the rights of a sister in law in a property after being sold?

Asked on Dec 21st, 2013 on Estate Planning - Michigan
More details to this question:
I have two sister in laws that have lived on property that has 5 heirs. They have never paid rent for full possession of the property, thus they were asked to keep property tax current. Now the property is being sold by the 5 heirs and the sisters want the tax paid per 5 parts. Is there legal action that can be taken?
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6 ANSWERS

Probate Attorney serving Roseville, CA
Partner at James Law Group
2 Awards
There is nothing "illegal" about it. Should they pay, probably. Can you enforce it - if it is not in writing and they never did it, probably not.
Answered on Dec 26th, 2013 at 4:11 AM

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There are a lot of different angles to your question. Basically, it seems to me that living in property and paying only the property tax might be a pretty good deal depends on the property. You don't say who these women are married to heirs / owners of the property? (A person has heirs; property has owners). Anyway, a lot more details are needed to give a cogent answer, but here's a practical thought how much money are we talking about? Have they lived there 10 years, so that they're looking for $50,000 in property tax? Or a year, so they're looking for maybe a 10th of that? Also, have they moved out? Or are the owners going to need to evict them to get them out? If they are still in the property, and each is looking for a couple of thousand dollars, then make a "cash for keys" deal they move out and take all their stuff with them, and the owners will pay the property tax.
Answered on Dec 26th, 2013 at 4:11 AM

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Commercial Attorney serving Chicago, IL at Ashcraft & Ashcraft, Ltd.
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If there was an agreement to pay property taxes in lieu of rent then they should pay the property taxes incurred while they resided on the property.
Answered on Dec 26th, 2013 at 4:11 AM

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Business Planning Attorney serving Livonia, MI at Frederick & Frederick Attorneys at Law
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Not enough information is provided. It is not clear how you are interested in this, at all. Your spouse could potentially have a claim, but you would not be an heir, so it is not clear how you would be able to act, at all. It is also generally not necessary for an heir to pay rent. ALL heirs would have been entitled to possess the property, as co-owners. Since they paid to maintain the property that you all owned, arguably, they should be entitled to reimbursement from the proceeds.
Answered on Dec 26th, 2013 at 4:10 AM

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Probate Attorney serving Las Vegas, NV
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Was there a written agreement? If not, all owners are probably responsible.
Answered on Dec 26th, 2013 at 4:10 AM

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Thomas Edward Gates
The sister-in-laws have no rights to the proceeds, only the heirs. If someone has not paid on the property tax, this amount can be taken from the individual who did not pay, before they receive their share.
Answered on Dec 26th, 2013 at 4:10 AM

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