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re: Will Executor paying property taxes claims he now owns property
Posted on 1/5/23 at 11:47 pm to Iowatiger209
Posted on 1/5/23 at 11:47 pm to Iowatiger209
quote:
If you can prove you maintained land openly for ten years or more, you can win in court.
Unless the owner of the property can prove that they notified you that they were aware of your use of their property during that ten years.
1
Posted on 1/6/23 at 12:02 am to Tigahs24Seven
quote:
Had a friend in Texas who lost a piece of a larger expensive property because the neighbor had planted a flower bed on part of it and had maintained it for x number of years unencumbered...the neighbor won his lawsuit. Squatters rights are alive in Texas.
Yeah it’s a big fricking PITA. My family has some land w/a creek on it that’s near the property line. The guy who owns the land next to it is constantly trying to move his fence line over the creek so he can try to claim the water. We have to send somebody out there every so often to rip it up and move it back.
Posted on 1/6/23 at 4:31 am to WildTchoupitoulas
quote:
Unless the owner of the property can prove that they notified you that they were aware of your use of their property during that ten years.
Yeah, I agree with that. It’s not as simple as saying this property is mine.
Posted on 1/6/23 at 5:48 am to Iowatiger209
quote:
Differing states have differing laws, but I can tell you, in the states I have worked as a title abstractor, if this dude just paid the taxes, then, well, all he did was just help out whomever held title by paying their taxes. If he bought it at the tax sale, then most states allow for a 2 year redemption for the owner to redeem the sale, at 1.5% interest per month. If the sale is not redeemed, the tax sale purchaser can request a tax deed, but even then, he/she does not necessarily hold 100% fee simple title. There needs to be a quiet title action confirming that the purchaser now holds complete fee simple title.
Pretty much all of this. I’m an attorney in Alabama, so I can’t speak to exactly how Texas handles tax delinquent properties so the family would need to work with an attorney there and this post is not legal advice, just an explanation of how tax sales work. It’s not as simple as just paying the property taxes, it actually has to be obtained through a tax sale. As noted above, even then the owner of the property can redeem and maintain their superior interest.
This post was edited on 1/6/23 at 5:50 am
Posted on 1/6/23 at 6:56 am to TheRallyPossum
On ‘Where the crawdad’s sing’ movie that’s basically how the girl became owner of all her property so I’m guessing there are some laws to it.
Posted on 1/6/23 at 7:18 am to TheRallyPossum
quote:
Mind you, this property was not listed in the will and that’s not even mentioning the forgery of the will by either the executor and/or siblings.
Question for lawyers: could the family not sue/file for change of executor? It seems evident that the current executor not only isn't conducting the process in the best interest of the family, but may be willfully complicent in an attempt to undermine the process. I don't think there is any ethical sort of requirements for the executor, but it seems like a conflict of interest and a corrupt attempt at personal gain similar to insider trading. There is likely a legal way to get that property back, but my question is...would this executors actions be grounds for a lawsuit to remove them as the executor? Is that even a thing?
Posted on 1/6/23 at 8:04 am to TheRallyPossum
happens every single day, it is called a tax sale.
Posted on 1/6/23 at 8:38 am to NPComb
quote:
If it's in Michigan or some shite where houses are abandoned then fine but if it's in a prospering real estate area t
You might mean the neighborhoods of Detroit or Flint, but overall Michigan is like a a cold version of Louisiana. I would love to have a 40 acre spread somewhere very quiet.
Also the upper peninsula is perhaps more like Montana or Alaska. It is as quiet and remote as just about anywhere could be in the US.
There's mostly quiet hard working folks driving older trucks with a few tourist towns along the lakes.
Posted on 1/6/23 at 8:41 am to Roll Tide Ravens
quote:quote:
Differing states have differing laws, but I can tell you, in the states I have worked as a title abstractor, if this dude just paid the taxes, then, well, all he did was just help out whomever held title by paying their taxes. .... There needs to be a quiet title action confirming that the purchaser now holds complete fee simple title.
... this post is not legal advice, just an explanation of how tax sales work. It’s not as simple as just paying the property taxes, it actually has to be obtained through a tax sale.
Some of the best advice in these two posts.
1. Get a local lawyer, in that state and preferably that county. You want someone who knows the judges, other attorneys, and court clerks as well as local law. Internet advice is only a starting point. If you don't know anybody locally, start with your attorney in your home town.
2. I am not aware of anywhere that just informally covering someone's tax note gives one title to the land, and most states have mechanisms for debtors to reclaim title within reason.
Public policy is almost never in favor of one private party taking real property for a small fraction of its value. Otherwise banks would never make loans on those properties and folks would not be able to buy land hardly ever.
This post was edited on 1/6/23 at 8:43 am
Posted on 1/6/23 at 8:42 am to Steadyhands
quote:
I don't think there is any ethical sort of requirements for the executor,
Executors are fiduciaries and owe duties to the estate and the beneficiaries of the estate. Even if the property is not specifically listed in the will, if there is a residual clause (which I’ve never seen a will without one), then that governs. A residual clause is basically a provision that says everything I own not specifically divested to someone herein goes to x/y in equal shares. Wills have these because no one is going to inventory every fork, linen, etc in their will. Also, if for some reason the will didn’t cover this property it goes intestate. Meaning, the TX statutes set forth order of inheritance.
It doesn’t just go to the first person who paid property taxes.
If he didn’t pay taxes on behalf of the estate and acquired the land himself through a tax sale. See advice of those above. That’s not permanent usually and successor can pay the back taxes and get the property. Also that would be a clear breach of his fiduciary duties. He can be sued and removed and bad faith transactions undone. Duties include:
quote:
(a) The duty of fair dealing and utmost good faith. (b) The duty of complete candor. (c) The duty to refrain from all forms of self-dealing, which extends to dealings with a fiduciary's spouse, agents, employees, and other persons whose interests are closely identified with those of the fiduciary. (d) The duty of fair and honest dealing. (e) The duty of full disclosure of all important and/or material information concerning any self-dealing transaction. (f) The duty to place the best interest of the principal above the interest of the fiduciary, and not use the position of fiduciary to gain any form of benefit for the fiduciary at the expense of the principal.
LINK
Get a lawyer.
This post was edited on 1/6/23 at 8:44 am
Posted on 1/6/23 at 8:48 am to TheRallyPossum
I would think the owner - who has "clear title" - is the winner here. Paying property taxes in Texas does not equal "clear title".
Secure an attorney
Secure an attorney
Posted on 1/6/23 at 12:51 pm to Tigahs24Seven
quote:
Had a friend in Texas who lost a piece of a larger expensive property because the neighbor had planted a flower bed on part of it and had maintained it for x number of years unencumbered...the neighbor won his lawsuit.
Squatters rights are alive in Texas.
The rose bushes adverse possession case is one of the first cases read in property law in law school
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