OT - need advice (long one)

armra1967
on 11/28/09 9:24 pm - Lakewood, NY
This is a cross post from the main board, but I truly ned some advice or just your thoughts:
Back in 2000 an old friend sold me he his house/property for $1.00 giving him life time usage. We filed a quitclaim deed, which according to the county clerk's office is the current deed on record. Since then we had a falling out and had not spoken for over 3 years. My friend recently passed away. I received copy of the deed which is still in my maiden name. I finally went to look at the place and found some guy inside measuring windows and such. I told him my name and explained that I was the deed holder. I got one of those "oh ****" looks and he said that he didn't think the family knew this. I told him that he could be right and that I would call them. Locally there is only a sister and brother in law and then a brother in Mass. By the time I got home to call the  sister, that stranger had already called. Brother in law answered and immediately said, Just what makes you think you own the property. I told him that I had a deed from '00 with my name on it. He then told me that they had papers (not saying a deed) that my friend gave it to them in '06 adding that the taxes have come in their name since. I asked how he could've given it to anyone when it was no longer his to do so. Brother in law refused to let me talk to my friend's sister and said that they had already spoken with an attorney. I concluded with I would be speaking with one as well. I then called the county again who confirmed that as far as the property office was concerned, I am the deed holder on record and after that time the house/land was not his to give or will to anyone. As far as the taxes, the county said that they could be put into anyone's name as long as they are paid the county doesn't care who pays them. Of course this is a long holiday weekend and I can't reach an atty. until Monday, but it's driving me crazy. I have slight concerns over property dammage. If nothing else lack of heat to keep pipes from freezing. There's 10 rooms, 2 baths...2 car garage attached to a barn with an upper loft on roughly 4 acres. The place is full to the rafters with clutter and I am not exaggerating. If you've ever seen the show Hoarder's you'll know what I mean.
Here's my questions:
1) Am I the real owner? Can I legally go there, enter the home &/or change the locks? They have keys and have been inside going through things.
2) Do I own contents ('cause I wouldn't think so)? If not, how do I get them to get rid of them and how long do they have?

      
Kathy W.
on 11/29/09 10:43 pm - Enfield, CT
RNY on 01/15/08 with

Personally I would think you own the house and all the fixtures. I would change the locks and tell them you will change them back IF you are wrong. I don't think you own his stuff so tell them once you fidure all this out they came come and get it or it's just going in the trash.

I shall now be know as Hagatha: Queen of the queens.

Baby 7-09

Xavier Elliott born 10-5-10

armra1967
on 11/30/09 1:42 am - Lakewood, NY
Thanks for replying, Kathy. I finally spoke with an atty. this morning. I indeed am the lawful owner with the exception of contents. I was advised to change the locks, insure the property and send the family a letter. I need to tell them that I am the owner, do not go on or into the property, that the locks have been changed and that they need to contact me to regarding the contents. The bad news or not so good news is that there is really no time frame for them to remove the stuff. An estate administrator will need to be named and they will handle any of the personal affects, but that will have nothing to do with me other than them getting the stuff off of my property. I can however move the belongings out of my way. The atty also advised me to take lots of photos and warned me that this was propbably not over. He said that the family will not get anywhere, but it doesn't mean that they won't try. So, this afternoon the place will be insured. This evening the locks will be changed. Wed. the utlities go into my name and the sister will receive "the letter" via registered mail. I have such mixed feelings, but am pleased that the atty. confirmed exactly what I was thinking. Take care of you, April 

      
Kathy W.
on 11/30/09 2:11 am - Enfield, CT
RNY on 01/15/08 with
Wouldn't it be abondonment if they wait too long?

I shall now be know as Hagatha: Queen of the queens.

Baby 7-09

Xavier Elliott born 10-5-10

armra1967
on 11/30/09 2:20 am - Lakewood, NY
I asked the atty about that or rather when it would be considered abandoned for me to be able to dispose of the stuff. He told me that there was no real answer to that, but it was not as important to worry about right now. He added that it is much different that a landlord/tenant  situation where you go thru the eviction process and there are clear guidelines about disposal of property. Of course down the road this will be of more importance. Did you look at the pictures on my profile?
I have a real mess on my hands.

      
Kathy W.
on 11/30/09 2:26 am - Enfield, CT
RNY on 01/15/08 with
Other than the mess it loks like it's a good property.

I shall now be know as Hagatha: Queen of the queens.

Baby 7-09

Xavier Elliott born 10-5-10

armra1967
on 11/30/09 2:36 am - Lakewood, NY
Yes I think so too. My goal is to be living there by Spring. No mortgage, no rent!!

      
armra1967
on 12/1/09 3:12 pm - Lakewood, NY
Update: found out today via the town assessor that they were presented with a copy of the will in '06 which listed the sister as the person who would own the property after my friend died. She was then placed on the taxes as Rem. (remainderman) under his name. Previously I was listed under my friend's name and next to his name was LU (life usage). I inquired how that could be legal as he sold me the property in 2000. The assesor checked and found that I was the current deed holder. She then apologized and stated that after he sold the place to me, it was no longer his to will even though he had life usage. She agreed that this should not have been done. She stated she would change it back to me and then send out an official change of address form along with a name change request so it could be put under my married name as opposed to my maiden name. On the advice of my atty I have changed the locks, posted No Trespassing signs, insured it, changed utilities to my name and will be sending the sister a letter telling her to keep out and contact me re: removal of contents, as they do not belong to me. Unfortunately there is not a clear time frame for them to have all the crap out and there is A LOT of it. However I am able to move it out of my way and I plan to start on it tomorrow.

      
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