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Do I Have Any Rights to Property

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  • 06-12-2010, 04:29 PM
    jk
    Re: Do I Have Any Rights to Property
    if the titles of the other property was transferred before your fathers death, the only property you might have a partial claim to is the 1.5 acre $70k valued property. No other land transfers make any difference. They were the wifes and that is all there is to it.
  • 06-14-2010, 09:12 AM
    sevenedge
    Re: Do I Have Any Rights to Property
    OK, after further research, it seems nothing is in my fathers name. it was all transferred to his wife back in 68. From that angle I have no rights. Here is the last angle.

    He signed over a power of attorney to her back in 68. I am being told by a attorney that it may not havee been legal for her to have transferred to her own interest from him in the POA form back in 68. It could be that all the transactions she did after that were not 100% right since she did it that way. these days you can transfer it that way, but it is a little precarious and back in 68 it wasn't the same.

    My attorney is going to look into some of the deed work on those transactions and see how it was handled. If her transferring that land to her wasn't correctly done since she had POA on him, it could make me have a claim to all of the things she did it with. He didn't say likely, but possible. If she did sign that stuff over to herself incorrecly, how would the other buyers of her property get clear title when they purchased from her after my fathers death in 80? thoughts please.
  • 06-14-2010, 09:25 AM
    jk
    Re: Do I Have Any Rights to Property
    I don't know what your lawyer is speaking of with having different rights as the agent of a POA but if he has some idea for you, have at it. It's your money, not mine.

    and best of luck doing anything about it now, 42 years later with your father deceased.


    Your father lived with his wife and presumably was aware of the transfers. If he failed to take any action then, he accepted the transfer. As such, he effectively confirmed her actions as acceptable to him. Due to that, you would not be able to affect the transfers.
  • 06-14-2010, 09:44 AM
    sevenedge
    Re: Do I Have Any Rights to Property
    JK, thanks for what you offer. Just so I can clarify a little as to my mindset.

    My father was shot in the head before my birth, and was a little mental incompaciated his last few years hence him having me out of wedlock, siging his stuff over when he didn't have to, and also why he probably didn't have a will.

    As far as why I waited 42 years. I was never even told about the man till I was 12. I was always raised very well, so I was always told to leave well enough alone. When I got to my 20's and wanted to know more what I had a right to, I was always told she had it all in her name and give up.

    5 years ago, I was told by a friend that my 2 half sisters were gonna shut me out if I didn't act before the widow died. I ignored that. This weekend a sister contacted my mother to ask If i had a attorney. I am now suspicious more than ever that thye know something I don't. They even do, or they are stupic for worrying. probably the latter.

    I forwarded 7 tax parcel info peices to my attorney today and he is gonna check into them this week, so I then will have more insight.

    Thanks JK for being the one person to try to give me info here.
  • 06-17-2010, 11:05 AM
    paleolith
    Re: Do I Have Any Rights to Property
    After she dies, her Last Will and Testament (if any) will be filed with the court. At that point you can examine it. You should be able to find and examine your father's will (if any) now. I don't know whether it's possible for her will to contain provisions which depend on actions you take before her death. But usually when people claim they are going to "shut out" some other relative, the people making that claim don't know anything about inheritance law.

    Your father may have died with no debts, but that doesn't mean his estate had no debts. For example, the estate normally pays for the funeral, final medical expenses, legal and accounting costs associated with probating the estate, etc. So if he had few assets to probate, the estate could still end up in the red.

    Edward
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