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    Vernina's Avatar
    Vernina Posts: 3, Reputation: 1
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    #1

    Jun 24, 2010, 11:30 AM
    Changing deed
    My mother passed away in 1996 and my father is still living. She has land in Calhoun County which I'm paying taxes on ever year. The tax statement is coming to my father resident with her name on it. I need to change her name to my name which I'm her only child. How do I process this type of situation?
    Vernina's Avatar
    Vernina Posts: 3, Reputation: 1
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    #2

    Jun 24, 2010, 11:51 AM
    Deceased mother left land
    My mother passed away in 1996 but my father is still living. She have land in Calhoun County. I pay the taxes every year on this land. How do I go about changing her name to my name. Im her only child and want to sell lumber off this land. Do I need to change the name in order to sell lumber?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    Jun 24, 2010, 12:47 PM

    Who did she leave the property to? If your father is still living it's his and not yours - UNLESS your mother's Will specifically passed it to you.
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
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    #4

    Jun 24, 2010, 12:58 PM

    Are you thinking along the lines of adverse possession? Has your dad not paid a dime toward upkeep or taxes in the last 14 years?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Jun 24, 2010, 01:35 PM

    First, its not a good idea to piggy back your post on someone else's thread. This can cause confusion (especially when the thread id several years old). So I've moved your post to its own thread.

    The first question is how was the deed titled while your mother was alive? If it was joint tenant with right of survivorship, your father just needs to go to the county clerk with a copy of the death certificate and have the deed transferred to his name.

    Was the property left to you by your mother? If so, the executor needs to issue a deed to you. If your father inherited then he needs to "sell" the property to you.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #6

    Jun 24, 2010, 01:50 PM
    Quote Originally Posted by Vernina View Post
    ... She have land in Calhoun County. ...
    That narrows it down to something like 9 states. Which state are you in?

    Were your parents married? If so, and there was no will, your father probably inherited some or all interest in the land.

    You should see an attorney about clearing this up. If not, and if there are other heirs, they could in theory sue you over the proceeds, if you were to sell the timber.
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
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    #7

    Jun 24, 2010, 01:54 PM

    This is a duplicate of your other post where you want to log lumber from the land. If these get consolidated maybe you'll see the answer. Doesn't sound like this is your property unless you have an angle on adverse possession.
    Vernina's Avatar
    Vernina Posts: 3, Reputation: 1
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    #8

    Jun 24, 2010, 02:17 PM
    If my dad pass away do the land automatically go to me since I'm the only child my mother had
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
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    #9

    Jun 24, 2010, 03:09 PM

    Does he have a will? No will you probably get everything, with a will his wishes will be followed. Yoyu said only child of your mom, how about your dad? Has he ever fathered any other children?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #10

    Jun 24, 2010, 03:45 PM

    No, the property does not go automatic to you. In fact it very likely goes to her husband unless there is a will or unless you were on the deed.
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
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    #11

    Jun 24, 2010, 04:24 PM

    Chuck you got your genders mixed. "She" is already dead and OP is asking about when his dad goes too.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #12

    Jun 24, 2010, 05:39 PM

    It would help us help you if you answered the questions you've been asked.
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