Letters often scream ‘Go see an attorney, now’

Dear Readers: I try to say “see a lawyer” not more than once per column. But recent mail is full of questions from people who need just that advice, so to start clearing out a backlog, here’s a sample of what came in this week:

Q. My father is ill. Although he has a will, he doesn’t believe it’s enough to ensure that my sister and I will inherit his house. Is there a way to change the deed so we will own the house after his death? Would he file a quitclaim deed? A joint tenancy grant deed?

A. I don’t know why your father is concerned, or what his will says. Perhaps other relatives are involved? You’d better arrange for him to see a lawyer who specializes in estate planning. It sounds as if he could use advice tailored to his particular situation.

Q. My grandfather passed away and he willed his home and land to my father, who is his oldest son. The home and land is in Arkansas. My father passed away in 2009 and my brother called my aunt in order to find out what to do. She told him there was no will. So my uncle and aunt were paying the taxes.

Well my aunt wanted him out so she contacted my sister and told her that my uncle’s wife was going to pay the taxes and take the land and home. So she sent us a copy of my grandfather’s will stating that it would go to my father. So my brother and I paid the taxes on the property and we are going to sell it but we found out the deed is still in my grandfather’s name. What claims if any do me and my brother and sister have to the land and home?

A. Paying the taxes was a good idea, but it probably doesn’t have much to do with determining who owns the house. A lawyer will know how to clear up the title, which must be done before the place is sold. You don’t say where you live, but it sounds as if you’ll end up dealing with an attorney in Arkansas.

Q. Some years ago we bought a vacant lot in Georgia for all cash. Three years ago, we moved and we paid our tax bill with a check that showed our new address on it. Then we never received any more tax bills. The tax office could have found out our address any time by checking with the management in the development.

Now a friend down there called to say our lot was sold to a new owner. Can they do that without notifying us? Also, can we redeem the lot by paying the back taxes?

A. Taxes are a lien, a financial claim against the land, and unpaid ones will eventually be foreclosed. You owed those taxes whether or not the bills reached you, and whether or not you saw legal notices in the local newspapers. It was up to you to furnish your mailing address to the authorities. I’m sure you realize that now.

I do not know the Georgia rules on redemption, but if I were you, I’d get to a lawyer in that area, promptly.

Q. Years ago, I sold a house and took back a mortgage. Now they’re almost down to the last payment. Who takes care of the documents about that? Is there anything I need to do?

A. You will owe the borrowers a certificate saying the debt has been satisfied. If you’re in one of the states that uses trust deeds instead of mortgages, you owe them a deed of reconveyance. This important document should be entered promptly in the public records office of the county where the property is located. That way, anyone who is interested can see you no longer have a claim on the property.

State laws vary, but many require that you not only provide the document, but also take care of the recording. You may be liable for a fine if it isn’t done promptly after you receive the final payoff. As the document must be in proper form, it’s best to have a lawyer take care of the whole procedure.

When the lender is a private person like yourself, I’ve heard of nervous borrowers who have their own attorney hold the final payment. The lawyer then sends you the document, explaining that the money will be forwarded after the certificate (or deed) has been properly signed, acknowledged (notarized) and returned.

Ÿ Edith Lank will respond to questions sent to her at 240 Hemingway Drive, Rochester, N.Y. 14620 (include a stamped return envelope), or readers may email her through askedith.com.

© 2013, Creators Syndicate Inc.