[flakzeus]

I was researching a problem I have and stumbled upon this site and figured I'd give it a try.

Edit: This is in North Carolina by the way.

Here is my situation:

My great aunt owned a home behind my current residence. It was my understanding that when she passed away, it was to be left to our church. Before she died, she had signed over the deed of the house to her brother, my great uncle. He has since passed away also. Which, to my understanding, has left the house to the church.

The church has recently rented the house out to a local business who houses immigrant workers in it. Whom has caused numerous issues within the neighborhood (theft, peeping toms, loud music, various other things).

I was looking in the GIS database for our county and looked up that property and to my surprise, the deed of the house is still in my deceased great uncle's name.

This doesn't seem legal to me, could someone shed some light on this subject for me?

Also, I would like to buy this property to keep it in my family, but the church is wanting almost double what the tax value of this property is.

Any guidance would be most helpful.

[ScottGem]

Was there a will? If the property is still recorded in your uncle's name and he had no will donating the property to the church, then the property goes to his heirs or whatever the will says.

So first you need to find out what legal right the church has to the property. Just an "understanding" may not be enough. If there is no will, then the legal hiers have to challenge the church's right to use the property.

[flakzeus]

Scott,
I appreciate your useful response. I will check on the will.

Thanks again.

[ScottGem]

First, let me say that I do not agree with or condone excon's comments here. What I do agree with was his right to make them. When you post on an open site like this, you open your post to any comments from anyone who wants to comment. You have no right to restrict anyone's comment's beyond the guidelines posted by the site. If you object to a post, there is a report facility available to you. If you want to rebut a post, you have that right as well. Or you simply have the right to ignore.

[flakzeus]

Scott,

I agree that he has the right to make his post. However, in that same sense I have the right to make my post and ask him not to post in my topics.

[ScottGem]

Agreed as long as its clear that it's a request.

[Fr_Chuck]

Ok, many people tell others they are going to leave this to someone, and that they are going to do this and that, or want this and that done, Just wanting it done, unless she hired an attorney and got a will draw up.

But since she signed it over to her brother ( your uncle) your aunts wishes or even your aunts will has no bearing on it, since it was signed over prior to her death.

So it is the uncles will, someone would have to inherit the house, the will will have to be taken to probate and executed, and probate will issue a new deed. So the heirs of the estate listed in the will need to see about it. Next check with the tax office who is paying and who is being billed the real estate taxes.

If the church was left the property then it will be in the will.

If there is no will, then the ownerhsip of the property will go to the next of kin.

But the distrubing the pease and the housing of immigrant workers is another legal issue, first is there more than one family living in the home, how is the home zoned, if it is zoned single family, you can force the city to order the utilities be disconnected and the certificate for residency revolked. If this is a rooming house or a shelter it has to be zoned and licensed as such.

Next call the police, video tape the problems, if after enough calls on record, you have possible civil suit againt the business person renting it, and the church for ownership, because it is drpriving you of peaceful use of your property and other items that evade my mind at the moment.

* I will add that most immigrant workers are wonderful people, honest and hard working, we can not and should not blame a group of people for the actions of a few

[flakzeus]

Fr_Chuck,
Thank you for your response. I will definitely see about the will. A short time ago, after numerous police reports, they were kicked out by the church due to our reports. The house sat empty for about six months, just two weeks ago.. they moved a new bunch in and the problems started again.

[Fr_Chuck]

Sounds like time to sit down with the church and have a serious talk, I havve found often if board of directors understand there may be legal liablity churches change their mind fairly fast