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Thread: Ready to do something
06-13-2011, 09:34 PM #1
Ready to do something
I posted before about some land I own with my siblings. Now I am ready to get an attorney and do something.
I wanted to get it surveyed and divided up but 2 do not & 1 doesn't care as long as she doesn't have to pay for it. 1 (30s) of the don't divide it up lives on the land with our mom. My mom wants us to sign it over to her so she can get a property tax break.
If I sign it over to my mom I know I will not get it back. No one wants to buy me out or divide it. I think illegal activity is going on at the land. I know they plan to lie on some gov paper work. I don't want to be tied to that in any way form or fashion.
Should I just give it to my mom and wash my hands of it? I will be getting legal advice I just want a good idea of what I want to do when I go in to talk to the attorney. TIA.
Is the best way out of this just to sign it over to my mom? If it matters it is almost 10 acres of land.
06-13-2011, 10:12 PM #2
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Can you talk to the government agency and see if you can anonymously tell them what is going on?
I would be reluctant to just let go 10 acres of property. How much is it worth?
06-14-2011, 12:14 AM #3
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I would find a good attorney and ask these questions quickly. I wouldn't just turn it over.
If there is illegal activity going on, you could have some issues to deal with that could take a long time to sort out. I am living right next to a former drug house where the tenant lived with his father, who owned it. Because of the drug issues there were things like a fake will giving it all to the druggie neighbor, power and water theft from neighboring lots, etc. The extended family is still sorting things out. It looks like the druggie neighbor really is turning his life around except he has recently "invited" a child and step-child to live with him, (maybe they just moved in because they had nowhere else to go) both of whom have NOT turned around after following in the footsteps of the parent. So we'll see how things go.
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06-14-2011, 02:24 AM #4
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Are there parts of the property that are more/less desirable? If so, that may be why some don't want to divide it up. For example would somebody get stuck with the septic field or a floodplain or something? I'm not sure what the market is like where you live but this may not be the best time to sell it, but usually in cases like this the best thing is sell the whole thing and divide up the money equally.
Don't just sign something over if it belongs to you - as you say, once you sign, you don't get it back.
I really have no idea how a court would go on this one. I think probably best to come to an agreement between yourselves. Find out why they don't want to divide the land or buy you out. Maybe you can work out some sort of deal about it.
As far as the potential illegal activity goes, I don't have any idea, but I wouldn't call the police on my own mother unless I knew for certain something was happening. What a nightmare if it's a false accusation.
06-14-2011, 06:44 AM #5
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I would not sign it over. Part of it belongs to you. Your mother should never have asked you to give up your share. Make them buy you out. Thats what most people do. Talk to a lawyer, inspect the land. See what is going on.
06-14-2011, 08:44 AM #6
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This is a complicated matter concerning a difficult legal situation over a valuable piece of property.
You need a real estate attorney. You do not need to be taking guidance from a bunch of people, EXCEPT to heed their advice telling you to GET A BLOODY LAWYER!
Let the LAWYER lay out what you can and cannot do or try to do - THEN if you want help in deciding which path to take, consult your friends here on FV or any other friends you like - but the last thing you need is a bunch of us internet experts (ME INCLUDED) giving you bad ideas.
*(Hugs)* GO LAWYER UP!!!
06-14-2011, 11:06 AM #7
I have a lawyer in mind but haven't made an appointment yet. I wanted some ideas to go in with. I have learned the hard way that if you don't have some idea what you are talking about you won't get the best advice, even if you are paying for it.
I don't plan to call the police. I just don't want something to fall back on me if they get caught or something happens. It isn't something that would definitely hurt someone like drugs (I don't think). What I do know about is dealing mostly with the gov.
The oldest has asked for one part and all agreed at the time. The youngest is living on the land (with mom) and it is agreed that she will get that part as well as the house if she will help mom with the bills. After walking the land (have since I was old enough to walk) there are no bad spots. I suggested dividing it 2 deep x 2 wide or 4 deep x 1 wide and it would still give the oldest and youngest what they want. It is too narrow for all to have road frontage and have room for a house or something. So, the only hard part would be putting in a drive to any that isn't on the road.
Thanks for mentioning the septic field. With the way it is set up, it may be best to divide 2x2 to avoid that issue.
It has a lot of sentimental value and has been hard to let go. It isn't worth in the market what it is in my heart. But when dealing with what is going on, my blood pressure goes through the roof and I physically feel bad for a few days after. I was told it was panic attacks. I have even gotten so upset that I started shaking uncontrollably. I mean jerking so bad the bed shook when I laid down. I was almost to that point yesterday. DH has been great. He took the kids so that I could just veg out and calm down. I just need to get rid of it and move on.
06-14-2011, 01:21 PM #8
I agree with Greebo you need a lawyer. My only advice is to have any papers you have concerning the land copied and brought with you so you can give them to the lawyer if he needs them. like a copy of the title and things like that, so you can be ready if he asks so you can get something going if you choose to take action.
i would also tell your lawyer about all the illegal stuff you think is happening. Tell him everything so you can get good advice about protecting yourself so you can't be held liable for things going on on the land.
maybe make a list of questions you would like answered and bring them with you to the lawyer's office so you don't forget. I find if I don't bring lists to important meetings I will ALWAYS forget some key point/question I wanted answered!
06-14-2011, 02:26 PM #9
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As for the access issue, you may be able to share a driveway and just get an easement that guarantees you access using the existing road.
An anonymous call to authorities about illegal activity would only get you in trouble yourself, as one of the owners. You would have to talk to authorities in person so they know who you are and are trying to solve the problem. That could have serious familial consequences, so if there's a way to avoid that, I would.
Is the rest of the family willing to buy out your share?
You do need legal advice, as others have said.
Good luck. This kind of thing is never fun.
06-14-2011, 03:41 PM #10
They do not want to buy me out or divide it.
The illegal stuff I know about is signing a false statement (one of which was about the land). I know the new comer to the household used to do drugs. She is also well known for welfare fraud and stealing prescription drugs but I don't know if that still goes on.
The one and only time I used an attorney he lied to me and I was taken to the cleaners. That is why I wanted more info before going in.
06-14-2011, 03:55 PM #11The one and only time I used an attorney he lied to me and I was taken to the cleaners. That is why I wanted more info before going in.
06-14-2011, 04:15 PM #12
I forgot to ask, how do I get the paperwork? I was never given anything.
I don't even know how the taxes are being paid and my mom just says don't worry about it. There was a time I would have trusted her with no questions asked but not anymore.
06-14-2011, 04:51 PM #13I forgot to ask, how do I get the paperwork? I was never given anything.
For a copy of the title, you can call your town or county land office. Sometimes the county clerk will handle it (depending on what the setup is where you are). Call the local government and they'll know who to direct you to. You may have to pay a fee to get a copy of the title. The title will also show if there are any liens on the property.
Did you sign anything when the land came into your name? Was your signature on any agreements concerning the property? those are the types of papers I'd take to the lawyer.
If you want to find out if taxes are being paid I think you can just call the town/county office and ask about it, they'll be able to direct you to the appropriate tax office where you can ask. I have no idea if that's public information but if your name is on the title I don't see why they wouldn't tell you. Also if i'd ask why you aren't receiving tax notices if your name is on the title... and ask to be sent copies when the notices are sent out.. since it is your land!! If it is in arrears, I would inquire with the lawyer as to whether you'd be held responsible for that.
06-14-2011, 10:34 PM #14
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You need a lawyer. I hope it all goes well for you. Hugs
06-15-2011, 10:39 AM #15
The closest real estate attorney is over 2hrs away. I didn't even know there was such a thing. Do you think it would be unreasonable to ask if he would do the meeting over the phone?
When I call the court house for the paper work do I just ask for a copy of the title/deed. Do I need to ask for anything else?
I know there will be a copy fee and a mailing fee. But it would have to be less than paying the attorny to do it.
Thanks again everyone.
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