QUESTION
If the remaining heirs won’t sign a quit claim are they responsible for expenses for all those years?
Asked on Dec 14th, 2012 on Landlord and Tenant Law - Massachusetts
More details to this question:
During the depression, my great grandfather put his house in all his children’s names. All his children eventually married except my mom who stayed and took care of him. In the 1950s thinking he had put the house back in his name he left the house to my mom. He also stated this in his will that because she had taken care of him he wanted her to have the house. A recent title search found this title void because the house was not properly put back in his name first. My mom alone has been paying the expenses on the home since the 1950s and I have been paying them for several years since my mom became ill. If the remaining heirs won’t sign a quit claim are they responsible for expenses for all those years? Also does the will and the fact that he assumed the house was in moms name hold any water in court. Thanks.
5 ANSWERS
Business Transactions Attorney serving Glendale, CA
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Richard E. Blasco, Inc.
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Generally, your mother paying the expenses of the home will be treated as the equivalent of "rent" for the use of the home which is owned by multiple parties. Again, the answer to this question is dependent upon how title was held by the children grantees. Finally, you mother may be able to establish ownership of the property, and therefore title by adverse possession. However, again, the answer to this approach is dependent upon additional facts being known.
Answered on Dec 18th, 2012 at 8:40 PM
There's a saying you've got to take the bitter with the sweet. If you want to be an owner of real estate, you have to pay the expenses of ownership. But you're describing a situation that has transpired over decades. That raises issues concerning the statute of limitations. You'll have to bring your paperwork down to the lawyer to review.
Answered on Dec 18th, 2012 at 6:09 AM
Chapter 13 Bankruptcy Attorney serving Winston-Salem, NC
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Love and Dillenbeck Law
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Unfortunately, if he deeded the property away to others and then tried to give it in a will, he can't later give away what he doesn't own. Unless the other family members want to deed their interests away, they own their shares legally. Now, your mom and you can perhaps seek contribution from the family members for necessary ownership costs such as property taxes...they are not liable for any personal expenses such as utilities or other expenses related to living in the home.
Answered on Dec 18th, 2012 at 6:05 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I will need additional information, but it would appear that even if you do not have legal rights, there is certainly a question of equity which is raised by the circumstances. I would suggest you see an attorney immediately.
Answered on Dec 17th, 2012 at 2:26 PM
Land Use & Zoning Attorney serving Boston, MA
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Greenbaum, Nagel, Fisher & Paliotti, LLP
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Not a usual situation. What your great grandfather thought is of no legal consequence now. Unless the other heirs are willing to sign, it appears that your mom would need to go to court to have title and responsibility clarified. Things like this often happen among heirsand are often not pretty.
Answered on Dec 17th, 2012 at 2:25 PM