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OOOOWQEE · Nov 16, 2015, 08:15 PM

I was the care giver for my father for 14 years, 24/7. i bathe him, fed him, and comforted him. He left me the family home but my sister as executor has undue influence and his will reflected the prperty as being left to me and two of my siblings. It is well known by his brothers and sisters that the house was meant for me and he had already gifted my three sisters prperty and cash. My name has not been added to the deed, yet i have been paying property taxes for over 6 years. How do i claim the property as mine . I want to use my certificate of elgibility with the va to have renovations done.

smoothy · Nov 16, 2015, 09:45 PM

Paying property taxes gets you nothing. Since your name isn't on the deed you don't own it.

"Well known" means nothing. The Will and the deed mean everything most places. The most you can do is hire a Lawyer and contest the will within the allowed time for where you live.

Of course this all depends on what country and state they resided upon their death and what the will actually stated as laws and rights vary..

If he did indeed leave you the family home as you said in one part... how is it your name is not on the deed. You should hire a lawyer if you WERE in the will to get it and the Executor refused to do it as it called for. The executor is legally obligated to follow the terms of the Will. Not doing it a breach of legal responsibility. And a chargeable offence at least some places.

If enough time has passed, it's possible its too late to do anything. I know at least one state where you only have 2 years to contest a will.

Fr_Chuck · Nov 17, 2015, 04:10 AM

Sorry, his good wishes and desires, mean nothing. And legally there is nothing you can do. Had he really wanted you to own it, he would have changed the will, or deeded it to you prior to death. Now you will have to try and buy them out, or hire an attorney and attempt to fight the will on the grounds of the prior gifts.

Being the care giver, and paying the taxes does not give you any legal rights.

Sorry

AK lawyer · Nov 17, 2015, 07:31 AM

Originally Posted by smoothy

...
You should hire a lawyer if you WERE in the will to get it and the Executor refused to do it as it called for. The executor is legally obligated to follow the terms of the Will. Not doing it a breach of legal responsibility. And a chargeable offence at least some places.

If enough time has passed, it's possible its too late to do anything. I know at least one state where you only have 2 years to contest a will.

If in fact the executrix has not distributed the property as the will requires, the SOL for contesting the will would not apply. But there may be another SOL if the estate has been closed without distribution. As indicated, OP needs to consult with an attorney.