Before my grandpa passed away 10 years ago, he had my sign his will stating that I would receive a piece of land he has in TX. My uncle was named the executor because my mom wasn't trusted to take care of anything. Now, my uncle won't give me a copy of the will and says he should get the land because he's been paying the property tax on it all this time and he's the one that took care of my grandma after my grandpa died. So, acting entitled. My mom also conveniently forgot that my grandpa wanted me to have that land and saying she wants it. Any advice on what I can do? I know I signed that will, im nervous that my uncle May have altered it and I'll never see a copy of it.
Nobody except the maker of the will and 2 witnesses who are not named in the will are the only ones signing it. It must have been something else, possibly a grant deed or something that was also never recorded . (Check your county hall of records for anything on the property.) The will might not have been filed for probate; my brother-in-law's estate was complicated mess when he passed 13 years ago, and the family has never gone to probate because they are squabbling. He owed my husband money that was only half-paid back, and told his kids to take care of it, but they have not taken care of anything.
When you said the uncle had been paying the taxes, if he paid them from his own cash, he might be looking at "squatters' rights" eventually.
You definitely need a smart lawyer. Many good lawyers will give you a first consult free.
anyway... thanks again everyone. I am getting an attorney to help me sort it out
And I've also written a certified letter to my uncle asking that he send me a copy of what he has.
Don't sign anything without a lawyer's 'ok' - just because he paid taxes [as P.O.A. that was part of his duties but did he pay or DID THE ESTATE PAY] he can't claim land unless he asked you to pay those taxes repeatedly - otherwise uncle can claim those taxes against the land if you wish to sell but otherwise pay him back from all receipted $$$$ so land should be yours
If he didn't send a registered lawyer's letter to tell you about taxes on your 'about to be' land then he hasn't a leg to stand on & maybe even if he did .... it wasn't really your land yet - let him put a lein on it & pay him off if/when you sell it
ISN'T FAMILY GREAT! - good luck & hugs M
Within 6 months. You can sue if you don't.
Our office has a client who pays $16,000+ a year in property taxes for 5 acres of land. It has commercial use, but if he had cattle on the land, the taxes would have been much less.
When my father died my mother sold their personal property and purchased another home. We had no say so in her decisions. She used a good estate planner to change the will to suit her wishes. We had no right to protest her decisions because she set up a trust. We had no right to see the trust or the will. My sister had the POA and I was second. When my mother passed away it was my sister who had to manage her assets. She could not change to will or trust.
If you grandmother became sole owner of the property she is responsible for paying the taxes and loans against property. If she is unable to manage those assets then a POA is set up and that person manages her assets. If she was of sound mind and body she could have transferred the property to the uncle to avoid paying taxes and loans, that is if he was willing to accept responsibility do so.
Good estate planning is important to avoid these fights in courts. There are too many laws and changes in the law one must know.
That is why it is very important to have an estate attorney draw up the wills and trust. I have been through this twice. Laws change and handwritten wills are not worth more than the paper they are written on. I would wait on the probate. But it sounds like you are out of luck.
I don't know what you signed, but the only signatures on a will would have been grandpa and two witnesses. Very perplexing.
" A contest to a will must be filed within two years from the date the will is filed into probate. Probate is when the will has been posted and read into record and has survived any objections; at that point it is read into the record (probated) by a judge and is considered legally filed. Thus, after that date, any contests must be raised within the next two years." [source: freeadvice, state planning, will, contested time limit].
I agree with others. Check local records where he died. The will should be there..the property had to have been handled in the probate proceedings. Good Luck.