Home Forums Hunting & Shooting Hunter's Campfire Estate/will question

When my grandparents passed they left their property to their three children in their will. They also named their son the executor and after damn near a year, he finally got on everything, but now the property is in his name alone.

Is this even legal? Normal to only put it in one name? Could this be an oversight by the court? Or did he intentionally do this?

Any suggestions so he doesn't have all the power when the will specifically states it goes to the three of them?

TIA

I’d talk to an attorney that specializes in these matters. Sounds like there may be an issue.

A year is not out of the norm, depending on the size of the estate and how complicated. The will would have the details but if it was left to all three, he should not be the sole deed holder if it was intended to be left to all three.
Hard to say without a ton of more information.

If the property is really in his name, it shouldn't be as a result of being the executor of the will. Could this have happened before the parents passed through a POA? The POA would be voided at the death of the parents but prior business would not be voided.

The executor has the responsibility to handle business such as bill payments etc. and carry out the terms of the will. In my experience as executor for my fathers will I could not put properly in my name without the signed approval of siblings. As POA I could have (I didn't) while he was alive.

One year probate is not that far out of the norm.

RL makes a good point about the POA. Otherwise it depends on what the will says. I assume what you said - that each child should have 1/3 and that the son was the executor. Typically, the will would be probated, the property would be part of the "Estate of John Doe" and that estate would be it's own entity and therefore would have its own Fed tax EIN. All the estate assets should be in the name of the Estate. The executor should complete and file an inventory, pay off all debts and file a distribution plan with the Court. The other children should have received a copy of all of these documents. The court rules on the distribution plan and the assets are given to the appropriate heirs. Some thing seems missing in your fact pattern.

Legally speaking, an executor is bound to by the terms of the will. If the executor does not follow the terms of the will, it’s a breach of his legal obligations (as fiduciary) and the other heirs have legal recourse.

It might be his name is first on a list?

In Iowa a copy of a will is useless paper. If they don't have an original signed will in their possession they have nothing. That sounds like what the one brother has done.

kwg

Let me boil it all down for ya. Son is a thief, and finally drummed up the criminal courage to intentionally deed property to himself.

Tell son you're going to get an attorney on it and you want the deed changed. That may be enough to scare him into doing the right thing and save you from legal fees to an attorney. If he fails to do that, then get the attorney on it.

When finished, boil the son in oil.

What a mess.



I'd consult your own atty.

If the will left the property as undivided interest, then the deed should and would reflect that. Something seems amiss to have only one name on the deed. If in fact that has happened, the only person to have legal authority or be able to sell or profit from, or own the property is the one named on the deed. That person can do what he wants with the property, and other heirs have no say or interest.

You're getting fugged! Get a lawyer!

Wills and inheritance matters always bring out the best in some families.
Especially when others that aint got a pot to pizz in ride on the coattails of a older generations sweat equity, and just get schit handed to em they never worked for or GAF about until after someone kicks the bucket.
👍👍👍😄😄😄😄

Always one who is more "entitled" ....

Yup, sounds like the son is trying to screw everyone, and, legal fees are going to burn-up the assets...too bad. I have a brother like that; good thing the parents couldn't hold onto a nickel covered in Gorilla glue or he would have stolen it all...though he had already talked them out of quite a bit.

If the son did not have his name on the deed before they died, it sounds like breach of fiduciary duty. The parties involved may want to get on it as soon as possible because the statute of limitations. Probably have a year from the time the estate was closed. The first thing I would do is contact the probate attorney and find out how this happened.

Are your grandparents' other children still alive?? If yes - did they agree to deeding it to the one son? If deceased, and the will did not state to the children OR THEIR DECENDENTS, then it's perfectly legal. Do you have a copy of the actual will that was executed?

You aren't providing anywhere near enough information for even the typical half-assed internet forum answers.

The first thing to do is get a title search and a copy of the relevant recordings in the chain of title.

Family dynamics come into play in schit like this.

The apathetic don't make waves schitt..

It is hilarious how some allow themselves to be used as a door mat in schit like this.

I locked up a 140k home for a 13 buck filing fee for 2k worth of creamation expenses a dead beat SIL executor bailed on 3 yrs ago.

Still in probate
Unoccupied
Unable to sell till resolved or sold by county for back taxes.
DGAF how it goes....

Told khan to do it.
Layed it all out to her.
Took her to the probate court to file.

Best 2013 bucks total I ever spent IMO in teaching that dumbazz SIL a little lesson about who to try and stick with a bill.

We get the 2k from the estate or the county if seized and sold for back taxes



Either or,,,, IDGAF.....
It is the principal of it to me in making that scumball SIL,s life a little more of a headache with her not being able to sell that home.

Lady at probate court told khan
We take care of our county residents in matters like this versus out of staters interest.
You will eventually receive your 2k either thru your Sister thru probate court action or the county if the home is seized by us and sold for back taxes.

SIL is a Dumb bytch.........

A year???

Heck, my Mother died in 2002 and my brother (the named executor) still has not probated the will.

Tag