Should I stay on a shared land deed with risky family members?

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  • #136787 Reply
    ‎USER

      Need your thoughts on a situation.
      My family has a small piece of land that is being passed down and held on to. It’s 14 acres in Texas that does have a septic system with a few trailer homes on it, and some river front property with a boat dock.

      It was originally my grandma’s and when she passed she left it to my mother and my aunt. There are roughly 6 tracks of land with both of their names on every track.

      My aunt intends on leaving her half to her son, and my mother is planning on leaving her half to myself and my brother.

      Here’s my dilemma. My cousin has been in and out of prison his entire adult life (now in his early 40s).

      He was released from his latest stint last year, so he is currently free, but it has never lasted longer than 2 years before he goes back. My brother is also a felon.

      He has been free since 2008 BUT still does things that could land him back if caught. Both have had restitution due at various times.

      I’m far from perfect, but I’ve worked hard to build myself and ensure that I am establishing something for my kids, and so I’m hesitant about being tied to them on any asset.

      Is there any legal/financial issues with me being on these deeds with them? Or should I request to be left off of them?

      I hate to risk the possibility of losing the land from the family, but I am apprehensive about having to be involved financially with them, especially considering they can’t really afford the taxes for the land, so I’d be responsible for that.

      Any thoughts or suggestions are welcome and appreciated!

      #136788 Reply
      Jessie

        My opinion is either buy them out or ask to have the land divided that is left to you so that only your name is on the deed.

        #136789 Reply
        Van

          How immediate is this concern? My father and his siblings inherited 140 acress in rural Alabama. I heard about this property since the 1970s.

          My father passed in 2018 and I have no idea about the legal status of the property, who pays the tax and if it’s current, etc.

          In his will I’m sure he indicated the land should go to all his children. I doubt I have any legal responsibility though.

          I believe that when your mother passes and if she has executed her wishes properly and you are indicated as a beneficiary you can refuse to be put on the deed for this property.

          Just suggesting to perhaps work it out at that time.

          It could be a long time from now (unless you have reason to expect otherwise).

          If my situation is any indication, you will not be able to work out an actual agreement in the meantime, especially if your relations do not have a history of making good decisions.

          Basically, make the decision based on the situation at that time and understanding all the specifics.

          If it’s too complicated, I’d personally walk away if you otherwise have everything else taken care of in your life.

          I have no plans myself to leverage any of the acreage in Alabama.

          My sister lives there as well as a cousin and maybe some others.

          #136790 Reply
          Ryan

            Can you buy it from your mom and aunt and totally circumvent the others?

            They could then leave the money to the cousin and brother in their wills and the land stays in the family.

            #136791 Reply
            Cruz

              If you cannot buy them out, speak with an attorney knowledgeable in land issues to become untethered, or determine if the juice is worth the squeeze.

              We had prime location family property in DC on Capitol Hill valued at $1.5 million, and the property will continue to gain value.

              However, it was not worth it to be in this venture with the other relatives the property was bequeathed to. So many reasons it would be too long to read.

              You gotta know when to hold ’em, and when to fold ’em!

              #136792 Reply
              Dave

                Talk to your mom and aunt about these concerns. Doesn’t sound like something the cousin or brother will be able to hold on to.

                They will want to sell.

                Try convincing them to leave it all to just you since you’re the good one and only one capable of holding on to it for future generations or just leave you all 2 tracks each separately.

                However, you do it keep yourself separated.

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