The Problem With Heirs Property And What To Do About It. Click below for new Ebook!
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- čas přidán 14. 05. 2018
- In addition to this video, Attorney Williams has a new heirs property ebook to help families solve heirs property problems. Get the ebook here.
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In this video, Attorney Williams describes 8 steps you should take to address and solve heir property problems. This video is helpful to any family with heir property and is especially useful to family members who need general directions and a step by step approach to dealing with heir property. While heir property matters can become quite challenging, gaining control of the situation is much easier if you follow the recommended guidelines.
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Everything Ms. Williams said is true. My grandparents died intestate (no will). My mom had three brothers. She took over paying the taxes. Over time everyone died, and I took over the paying taxes. My sister and I were the last ones standing. The property consisted of three lots located in a flood zone. Thirty bucks a year for all the taxes. Not worth my time to file an Affidavit of Heirship. Until they revalued the property 2700% more. Well, it was a pain in the butt to get all the birth and death certificates and other documentation together. Costly too. But now I have the property in my name. My sister did not care. The moral to my story is HAVE A WILL! Leave you stuff to whoever you want. Just do it. The best gift you can give an heir. My mom had a will only because I told her I would pay for it. Older people just don't understand the need for one. Plus writing a will is thinking about your death and people don't like to that. But guess what? You are gunna die. No one gets out of here alive. Thank you for reading my rant and may you live long and prosper.
Its 2023 i needed this information now i can stop pulling my hair out 😢
I'm just now learning about this at age 35 and I am blown away that this is even happening... Thank you for educating and helping our people!
'Our' people? I see racism is alive and well!
It's a system that is used to take black wealth. Black Lawyers need to organized and help black people with large family land organize it.
I agree with you. Seeing so much of this, I am in the process of organizing an approach to this problem. I get calls from all over the country about the problem and I know from experience that black people are disproportionately affected.
@@vernitawilliams839 That's great. Because last year my family lost property and I called the courthouse land and property division and asked around. EVERYBODY just told me to leave it alone. My aunt was given two weeks and then was kicked off the land she had lived on all her life. I can't get any answers from anyone.
They need to teach so called blacks about doing trust Not wills.
They don’t care. They don’t help us. I live in Arkansas where this goes on to this day. I’m fight now because a white woman sold me a house falsely. IYKYFK.
@@msethel8847 go to the courthouse. Could it have been lost to taxes? Could somebody have put it all in their name and sold it? Was there a loan?
Another option is to have your heir(s) names put on the deed while you are living. Then there is no transfer of ownership to worry with. This can also be done with bank accounts as POD so they get your money only after you die.
Excellent Knowledge Thank you so much.
Thank you for this important information
Thank you, I just saw the documentary SILVER DOLLAR ROAD about a family whos land was taken by yt's...had me sobbing all over the place. now i want to understand in your words how you would define "probate"....i have looked it up, but please define. thank you.
Bobo and ray ray n dem!!! Love it! I’m an attorney in CA. Love this video!
🤣🤣🤣
Very good advice. Get the property settled as soon as possible. My family was involved with seventy three heirs involved. It's a nightmare. This is very good advice from this attorney and thank you for making people aware of how important this is and the importance of getting it handled soon.
My aunt died and had no children. She left her house in a Will to her surviving sibling. A letter was sent to me and my sibling, whom are the children of her deceased brother to sign that we dont feel we are entitled to any portion of the estate. We are so confused as to why if he left it to her in a Will.
Major issue for me as we speak. 🤦🏿♂️🤦🏿♂️🤦🏿♂️🤦🏿♂️
Thank you so much.
I have a family who wife and siblings were heirs to the property in South Carolina and the LLC acquired the tax deed resulting in a tax sale. The decease parent estate was probated through the County Probate Court. The heirs was not informed and a summons was served to heirs plaintiffs to refund the tax refund, legal interest, tax sale bid with percentage rate and other payment from the sale of the deeds and quiet title of property. How do they get property and acquire the deed and title.
I need help because the elders in my family is doing next to nothing to keep our 8 acres. I want the land but I am the granddaughter so it's taking forever to get to me. I want this issue resolved immediately! I'm tired of family just talking and not doing nothing.
Thank You, for giving advice
Excellent advice!!
Good video. We need these classes in our communities.
Thank you so much for this video. Just what I needed.
Glad it was helpful!
Really good information. Thank you.
Thanks Vernita! There are so many folks in tricky situations. You did a great job of explaining what folks can do about it.
What about adopted family members? Would they be heir to family land?
Excellent presentation. You have a new subscriber
Thank you for your information it was very nicely spoken and gave good info to people like me that don't know what to do ..
My family is in this situation now. So sad !
@Vernita Williams. Thank you! Depending on what city /state you live in, their is funding to cover the expenses for probate, drawing a new deed, an inheritance tax and transfer tax.
How can you find which states?
Thank you so much for this video it answered all of my questions my mother passed away in October from covid I have a disabled older sister and a very shady stepfather the house was in my late father and my mother's name he refuses to go to probate and try to have my dad's name taken off of the deed I got a lawyer after watching your video and I'm glad that I did because according to the lawyer it has to go through probate because she did not have a will
How do you get a copy of the deed?
Ok probate lawyer presence okay thanks for sharing this
Eternal Gratitude Love Earth Angel!!!
This situation happens in the Black community a lot more often than it happens in others.
This unfortunate but true.
For sure. I’m not black and currently dealing with it myself, and I can only imagine how detrimental it must be when it’s a widespread community-wide problem, with so many numerous families within it suffering this traumatic loss.
happens in the white community as well. horrible. happened to me right now!
I hope you all can solve that situation.
@@vernitawilliams839 can I call you and is there a specific time to reach out to you I'm so stressed out about this process
This situation sounds like Fractional Ownership. A prime target for rogue investors. These type of investors attempt to buy shares of the property, usually for pennies on the dollar, from as many of the owners who are willing to sell. They do this until they have a majority stake in the property.
The best way to avoid this is to have a Will and or a Trust BEFORE the owner is deceased. It should list Exactly who the owner wants to inherit the property.
Furthermore, a Trust Fund should be created for the beneficiaries to pay into for expenses related to the property.
The original homeowner and each beneficiary should also have a life insurance policy with enough value for their final personal expense, with funds remaining to contribute towards the Family Trust Fund.
Beneficiaries of the Family Trust Fund should only be allowed to borrow money With Interest from the Trust upon approval from the Trustee and/or the Majority of the Family.
If I have paid the taxes, how can I get the deed in my name.
At what point do you show the birth and Death records as proof? Do you put in the Affidavit?
If my mother's house is willed to me is it that simple?
No probate?
Great subject. I just learned that I have two heirs to the property and they don't want to sell. I am the second wife and I just learned that the two children from the first marriage now are co-owners. So far they won't sign the offer to buy.
I am getting fed up because I have done all the renovations and pay the HOA dues monthly. How do I cut myself loose without ruining my credit rating?
I just realized you sent this inquiry. You cannot be forced to co-own property with someone if you want to sell. You should consider doing a partition action in which you ask the court to put the property up for sale. The people who don't want to sell can buy you out or, if they don't wish to buy, the property will be sold and the proceeds of sale paid to the owners such as yourself.
If an heir wants to sell the property can they send it to the sheriff auction? Or does the sheriff auction mean nobody was willing to take over the mortgage or sell it traditionally?
They told me bring the paperwork. Ok game on
Are you a probable attorney. I’m in Alabama. Can you help me?
Than you so much Mrs. Williams for all your help. What do you do if you're an heir to several estates and it was discovered land was stolen, probate settled but no one is telling you what the resolve was. Also is there statutory limitations after probate court for claiming or fighting for resolution? Thank you once again very much!
In many states there is no statute of limitations on fraud. If someone committed fraud on the court by lying about the number of heirs, most courts will allow the case to be re-opened and the matter pursued. However, it may be difficult to bring the offending party to justice, not because the court does not want to, but because the process is so expensive and the offender may have spent whatever they got and cannot give it back for re-distribution. Hopefully it has not been too many years as the longer it takes to address the matter the harder it will be to fix. Good luck with this. You should at least talk to an attorney in your area to figure out your options.
@@vernitawilliams839 thank you so much Mrs.Williams! I would like to call you if that's ok. Have a nice evening!!
Hello. My questions are: "What can our family do when their was 'no will' and there is 'a mortgage', of say, 13 grand to pay it off?? Thank you, for what you do.
Thank you for your inquiry. Please call Attorney Williams at 786-831-9483 for a strategy session.
Who pays the property tax is the one to talk to. With a lawyer presence
I wish you were available in North Florida. I’d hire you today!!
I do have cases in North Florida. Please call me at 786-831-9483. Or text me and I will call you.
@@vernitawilliams839 We have spoken and I have not been able to speak to you since. My message on Contact Us hasn’t been answered.
Can you help me? I’m down south! Similar issue.
Can you sell your part of Heirship land
How about just deeding the property into a TRUST and the heirs become beneficiaries of the trust. Which would evidently circumvent the poorly designed heirs property structure and probate.
Yes, deeding the property into a trust can be a very good idea. Problem is, most people don't do this and they die with the property still in their name. If this happens, probate will be needed in order to get the property into a trust. The trust idea is a good one that requires advance planning and a very good understanding of how a trust works. I would tell any one to seek the advice of an experienced estate planning attorney and do the trust if it makes sense for the beneficiaries.
Put into trust and the county has still denied the trust. Corrected the deeds with patents of all lots and all paperwork has been denied.
In some states there is a limit on how far back you can go to probate an estate. Also, if you decide to clear the title (resolve up the air title) you can sometimes be reimbursed for taxes and expenses if there is value, such as timber, that can be sold if all heirs agree. Disclaimer: I am not an Attorney just been doing a lot of research because of my situation.
Thank you for the feedback. I will look into what you are saying. You make some interesting points.
What can you do...if the executor hides the will which states you are the beneficiary in a 3 way equal share?
If you believe there is a Will, hire an attorney to contact the executor about the Will. If the executor continues to hide the will, open probate, place the matter before the judge and force the executor to produce the Will. If there really is a Will, most people will produce it once the matter is in Court.
@@vernitawilliams839
Thank you very much, Ms. Williams.
We now have the will, after 7months after their death. Her attorney tells me the accounts are now insolvent. And I can no longer talk to the executor.
What if two heirs want to pass the property down to the third and 4th heir who live at the property? My grandma passed in 2010 it was her house and she had no will &
My moms sisters agreed to pass the house to my mom. My mom just recently passed and now we’re having to go to court for determination of heirs where my mom never got it in probate. It’s still in my grandmas name and My 2 aunts want to go to court with me to testify the want their parts signed over to me & my brother because we’ve lived here since 2008 & just recently remolded and did all upkeep and paid all taxes. I’m only 24 and my brother is 17. I’m not sure how this all this works im just terrified of loosing the only thing I have left of my family.
This is my EXACT situation ! Did you ever figure it out??
Where does the WILL come into play?
There’s not a will. Thus the issue.
Fron what I understand if there is a legitimate will then property is left to an individual or individuals and not into heir property. Therefore they will have to legal right to make decisions on the property alone.
My grandparents had 9 kids. They both passed in 1999 a month apart.
8 of their kids passed away after them (including my dad) but my uncle seems to only want himself to have a say so. Don't the living neices and nephews get their parents share? Because when someone asks about that my uncle doesn't want to talk about it. And he has about 15 nieces and nephews.
Also there are property taxes of $12,000 that haven't been paid in 6 years.
@@iam_mynetria.antwanett y’all finna let that go to the state
Did you find out because we are going threw this now. My aunt died and left the house to my aunt but we got a letter to sign that we dont want a claim. Our dad is deceased so we are confused.
@@tyressy01we’re in a mess right now there 38 acres of land an the family member that lived there won’t pay the taxes anymore and is giving it to the state, my husband and I don’t know what to do we can’t take over the taxes there $20k a year I think 🤔 in NY here 😓 I can’t stand heirs property it’s unfair and should have to be sold we wanted to keep it but not when we can’t live there, as she said whoever seems to live in the dwelling never is the one who can pay.. such a mess 😭
How do you get someone kicked out of heir property?
Please let me know about this situation..same problem here
@@pamelawinfree6680 you need to contact this woman. She is for real. I really appreciate what she is out here doing for our community. I had someone trying to get me evicted out of a property I have been staying at off and on for years. When I went to court everything was just as she said. There was nothing that person could do to get me out. You need to contact her asap. This woman needs more views.
Thank you so much
But what happens when your family holds the Patents or Allodial titles to the land that states it can't be Sold and can only be passed to an Heir not a deed.
Many times terms that state that a property can't be sold eventually collapse or become unenforceable. I would need to review the document you are referring to. Can you email it to me at vcwoflsb@aol.com?
@@vernitawilliams839 yes..I will send a jpeg of the portion of the document I'm speaking of only because of how personal the document is
@@vernitawilliams839 sent the email from chrisb.acn@gmail.com
Can you get a lawyer and have family members that do not have interest sign their rights away?
Yes, you can have family members sign their interest away. Be careful with this. If they later see that the property is of value, they may say that they did not understand what they were signing.
One thing about heir property is someone continues live on land and the rest went to the North. Those who stayed on land paid taxes and were only ones benefiting. Told my Mom she should get paid use of her part land . She felt otherwise since they paid taxes. Me- but they ones using land. We’re up to 3 or 4 generation and don’t get 💩. Hard even research.
I know this is old but if folks are living on the property and paying taxes no one should be benefiting except the ones living on it. That's not fair. The ones who went north can stay up there. Since they turned their backs on the property. Sign it over to the ones maintaining it. I'm trying to acquire heir property and everyone is up north not thinking about the land til someone get ready to do something with it
You can never get rid of heir property
I let my (so-called) buff be the executive of my boyfriends estate. She stole all of it. Value 13 million. None will help me because she made me a spendthrift. She fired my signature, and had hired a crooked notary to certify her lies. Plus, she stole my boyfriends house before he died.
we are getting our shit together before a greedy developer comes thru
Did the family get things together? What's happening?
@@vernitawilliams839 property hello I just happen to find your Channel so we had a situation where I'm married into a family or thirty years but my father-in-law died in my sister-in-law took over it illegally before we have anything to do in my husband being executive she end up getting everything plus now she's going after his retirement money and I tried to lock it down but it's getting harder and harder what can I do I have lawyers or it's not working out so well
Just got to pay the taxes
Not really because a developer can buy up interest from other heirs and force a sell of the property even if you don't want to sell.
There is a quicker and better way than all of this. Probate is not the only way to selling heirs property.
What is the quicker and better way, may I ask? I'd like to know.
Talkin' LOUD, ain't saying NOTHIN' 😒😒🙄
I did not like the use of "Bobo" and "Raerae" as a short hand. It was a put down. People can not know something until they have a chance to learn about it. Why didn't grand mama and grand daddy teach their children about this stuff? Because they did not know either. Why didn't Jet, Ebony, or Essence magazines not write about it? They didn't know. You yourself did not automatically know. You had to learn. Were you Bobo ot Raerae before you learned about it? Just like you had to stumble across this to have a chance to learn, we all are not pre-made with this knowledge already in us!
Thank you for your feedback. It is insightful. Some of this stuff I didn't even know as a lawyer. I learned these things from many years of practicing law and seeing so many scenarios. Thank you for your feedback. I don't want to appear to put people down.
@@vernitawilliams839 my aunt who had no children died recently and left a Will leaving her house to her only surviving sibling. Why are we, the children of her deceased brother getting a letter to sign. Hadnt got it yet but she called all of us the other day asking for our address so it can be mailed. She said we are supposed to jist sign that we dont feel we are entitled to any part of the house. We are confused because if it was left to her in a Will why do we need to sign off. Please let me know.
I thought Heir Property doesn't have Deeds
Heirs property most certainly has a deed. The deed is in the name of the deceased grandmother and grandfather or mother and father. That is why it is "heirs property." It belongs to the heirs but is still in the name of deceased parents or grandparents. That is why the "heirs" can do anything with the property - its not in their name.
@@vernitawilliams839 I'm in Wetumpka Alabama can you practice here
The Land that my Great Grand Parents left to my Grand Father's (Heirs Property) over 200 acres got took from a so call relative that's no kin nor related. The court allowed her to buy the family out and she got all of it and sold it to a company. Also they gave other parts of the Land to someone else who claimed they were related as well
I just watched on vice Grandmother lost 420 Acres Beacuse Greedy family members. White man bought it 500k for Lumber and will be planting more Tree's.
The loss of heir property is a sad reality. Are you saying this was your family? If so, I hope you received the value of your share!
@@vernitawilliams839 Not family of mines I ran across a Video searching out about buying land. Rich white Investors are always Searching for the gold land. I'm in Rochester Ny they are spending Millions Downtown for years was Vacant but do to Climate Change Thier Big Market in Real Estate.
Boy did I get deceived🥹