Can someone be willingly removed as an heir from my fathers estate?
My father passed away leaving me and my two brothers his house. we are trying to sell it but after signing the contract the title company informed us that my older brother would have to pay off his 53,000 in child support BEFORE we are able to sell the house. none of us has that kind of money, and that amount is more than he d be getting from the house so he s not interested in paying it, meanwhile me and my younger brother are left in a position where we re stuck with a house we can t afford and is already in foreclosure. My older brother has offered to remove himself as an heir if it will help, but I don t know if that is possible/legal. Any advise on this would be a huge help, even if there is a way we can sell it and then pay off his debt with the money from the house, which our current lawyer is saying is not possible.
- zipperLv 61 year ago
NO he will still have to pay the support money and the Court will use the house as a collection method.
- Anonymous1 year ago
No you could not quit claim to get rid of a legal lien,
"the title company informed us that my older brother would have to pay off his 53,000 in child support BEFORE we are able to sell the house" This is BS. Your brother's debt has nothing to do with selling the house. "
That's right there is a lien on the house so he informed them correctly.
Just like any other lien on a house at the sale those liens have to be satisfied either before the sale or at the closing.
Where did that 40K you came into come from, this estate?
How does it feel to have a good for nothing piece of trash for a brother? Hell no don't pay that child support amd I suspect we who pay taxes are taking care of them for his piece of trash.
- motivatedjay_c0mLv 51 year ago
Check with a lawyer & never be afraid to get a second professional opinion
- MaxiLv 71 year ago
So your brother is a dead beat who doesn't financially support his child and wants a get out so he continues to owe for the child he created .
You have been, paid for and got legal advice and the legal adviser who knows the law where you live, knows the stage of the probate is telling you what legally you can or can't do, but you choose not to beleive them and thought strangers online have a better knowledge of the law where you live. probate and child support debt than the legal adviser
An heir named doesn't 'have to' accept inheritance and can legaly give it up BUT as said no idea what stage the probate is or the law with regards to child support debt as if his name is already transfered legally onto the deeds of the property then he part owns it and that means his portion is subject to being claimed by the state for back and extensive child support debt
- What do you think of the answers? You can sign in to give your opinion on the answer.
- SlumlordLv 71 year ago
This whole thing doesn't make sense, it sounds like something is missing. Maybe try talking to a different lawyer, not saying the 1st lawyer is wrong but I can't see why his child support debt would stop the sale.
I guess he could simply give you and your other brother a quit-claim deed and then he would be off the house and I guess you could sell it without this debt over your heads.
Possibly he has taken partial ownership of the house and the ex-wife immediately put a lien on it for the child support debt, but if this were the case then using the proceeds from the sale to pay off the debt should solve the problem (assuming the sale will net more than 55k dollars), so not sure why you couldn't just sell.
Something is missing with the question.
- SlickterpLv 71 year ago
Go to another title company. That makes no sense at all.
- A HunchLv 71 year ago
Instead, why doesn't your brother go to the courts or his child's parent to see if they will remove the lien IF he agrees that the proceeds are paid directly to pay down the child support arrears (i.e. never touches his hands).
- linkus86Lv 71 year ago
It's possible but depends on the state. The possibility would exist to first dissolve the ownership interest, typically by a quitclaim deed, but that would only be possible if the other two owners could refinance the mortgage to allow the quitclaim be recorded by the county and if you are facing foreclosure, you likely don't have the credit or income to do so, so you are screwed, Sorry. In hindsight, the property should have been sold while still in the name of the estate, splitting the proceeds between the three heirs. In that scenario the child support lien doesn't effect the property.
- Beverly SLv 71 year ago
If the home is already deeded into your 3 names, he can Quit Claim himself off. If it is still in the estate he can't.Source(s): Mortgage lender 33 years.
- Anonymous1 year ago
would take a Court action ................