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I'M NEW TO THIS GAME TO THE TUNE OF ABOUT 8 MO.(LAND ACQUISTION)

LOOKING FOR ADVICE.

GOT AN 80 YR OLD LADY LIVINING IN HER MOTHERS HOUSE FOR THE LAST 25 YRS. THE LAST OF THREE SIBILINGS,AND THE HOUSE IS
UN PROBATED, IN OTHERWORDS STILL IN HER MOTHERS NAME.

NOW THAT I'M ABOUT TO AQUIRE THE HOUSE FOR THE CITY; HER
NEPHEW WANTS IN ON THE MONEY AS AN AIR TO THE PROPERTY.
SHE HAS PAID ALL TAXES AND UP KEEP OF THE HOUSE AND HAS
BEEN SOLE RESPONSIBLE.

WHATS HER OPTIONS.?

The answer depends upon whether or not the nephew was provided for as part of mothers will. If not, the house proceeds probably belong to the 80 yr old lady. In any event, good advice for the 80 yr. old is "get an attorney." However, if she is congruent to giving a portion of the proceeds to the nephew, so be it. You may want to assume the position of a negotiator between the two, if requested. Not required -- but a good PR position.

You said there was no probated will. Is there a will at all? If not, depending on the state laws, proceeds should pass to the children once all taxes have been paid. The alternate route is Adverse Posession. Open Notorious and Hostile occupation for more than 10 consecutive years again, depending on your state law. Have her get an attorney.

I recently ran into a similar issue in Arkansas in which the owner of record had died intestate, some of the first generation of heirs had passed away with surviving heirs, and in total we were dealing with 20+ family members that had an interest in the property. The best course of action was to pursue condemnation because Arkansas is a Quick Take state and we were able to obtain an Order of Possession in about 2 weeks.

If you are in a "quick take" state, condemnation may be the easiest route. The heirs may not have the resources or desire to incur the expenses to cure title leaving you with the responsibility to cure at the expense of the City or condemn anyway.

If you are not in a quick take state, you can pursue a temporary construction easement on the property during the course of the condemnation. This would require a "friendly" condemnation and it also assumes the 80 year old lady has the resources to relocate prior to receiving her share of the proceeds.

Have you pulled title? Is there a will that just has yet to be probated?

I think Collin44 is right. You both get the protection of due process.

thanks people you have been most helpful.

mycall
birmingham,al

Have you requested a prelim form a title company? You need to know exactly who is on title to the property.

IN THE PROCESS AS OF TODAY. WISH I HAD
KNOWN TWO WEEKS AGO.

I'M ON TRACK NOW.

THANKS .