QUESTION
How can I get my name back on a house my mother left for my brother and sisters?
Asked on Jun 12th, 2013 on Estate Planning - California
More details to this question:
My brother asks my family to sign a form so his name will be on it only to get the taxes down on our house for a year. Now he wants me to sign a lease and pay him rent. It is a total of 12 of us and 4 of us still stay in the house we all share the bills except him. We have been inform be our family lawyer that he had no idea that was my brother intentions and was thinking our name was back on the house what can I do about.
12 ANSWERS
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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Don't know what you signed or other facts. You may be able to sue.
Answered on Jun 13th, 2013 at 8:34 AM
Your attorney is in a better position to advise you, especially since you do not state what type of paper it was that was signed. You seem to have a case for fraud against your brother as he probably had you deed the property over to him. Do not sign papers without reading and understanding them. If the house was never probated, do that now and it may eliminate his claim on the property. If you are an heir, once you inherit the property you do not owe any rent to any heir not living there as you are all equal owners.
Answered on Jun 12th, 2013 at 9:55 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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I would speak with the lawyer. Whether this can be undone or not is not clear from your facts.
Answered on Jun 12th, 2013 at 9:55 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Consult with the lawyer for the administrator of the estate, or obtain your own lawyer to represent you and be prepared an hourly rate, as there appears to be possible litigation coming. Do not sign anything until you have independent legal advice from another lawyer other than the estate lawyer. Your brother is misleading you, as taxes have nothing to do with the use of estate assets by the family members; he is running a game on you.
Answered on Jun 12th, 2013 at 9:54 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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First, you don't have a family lawyer. A lawyer can ethically and legally only represent one person. So you signed a deed and gave your brother your interest in your home. You can get a lawyer and sue him to undo that.
Answered on Jun 12th, 2013 at 9:54 PM
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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If you can't all reach an agreement, you will have to file a case in the circuit court, and take it to a judge. It will be less expensive and time consuming if you can avoid litigation.
Answered on Jun 12th, 2013 at 9:54 PM
Thomas Edward Gates
You need to schedule a hearing to address this matter. Your brother was not truthful about the opportunity to lower your taxes, since the taxes are a reflection of the building value and land value, no who owns it. The only way you can get back on the title is by court action or your brother's action to quit claim you your percentage. A reasonable rent to cover property taxes and insurance is permissible, unless the tenants are paying this themselves.
Answered on Jun 12th, 2013 at 9:54 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You will have to now engage in attorney and bring an action in court to seek to resend the prior transaction.
Answered on Jun 12th, 2013 at 9:54 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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It may be too late, but talk with the attorney.
Answered on Jun 12th, 2013 at 9:53 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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Whoever is on the deed would have to sign it over to all of you.
Answered on Jun 12th, 2013 at 9:53 PM
3 Awards
Your question is not clear. It sounds as if your mother is dead and title is just in your brother's name. There will be issues of whether she had capacity to make that transfer at the time it was made.
Answered on Jun 12th, 2013 at 9:53 PM
2 Awards
You need to take the deed to a lawyer and discuss how title was previously held and under what authority he had you transfer it. There is a chance everyone can be added back but without seeing the deed and hearing how you got there.
Answered on Jun 12th, 2013 at 9:52 PM