# Passing Land on to a Niece



## Mr. Kingsbury (Aug 21, 2017)

Sounds nice, but it's not as easy as one would think, considering the hate her family has towards us.

Perhaps about 16 years ago my brother met and then married a horrible woman, but he loved her, so what'cha gonna do, right? They had a beautiful daughter. He eventually took his own life, and the woman died of cancer. The daughter, our niece, loved us, her uncle and aunt (at least she made that claim the last we saw her about 5 years ago). Her family, not so much.

So here's the thing... she being our only living relative, we want to leave her our home when we take the big dirt nap. But her family will not let us know how to contact her (that's our difficulty to solve, and not of concern in this query). And if they knew of our wish to give her this home, would take it from her before she even knew it existed.

What sort of lawyer do we contact to ensure that our niece is the one that gets this property, and not her dead mother's side of the family?

That too sounds like an easy fix, right? Just ask the lawyers... Every lawyer, after we explained the convolutions of this family, has said "Yes, we know how you need to proceed... for a price". Everybody seems to want a dime, and we're broke. Just want information on how to proceed. Be nice to know who, or which practice, to talk to before we spend coin with them.

Any suggestions?


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## Wellbuilt (Dec 25, 2020)

You could put her name on the deed now as part owner and she will own it when you pass .
It’s 2022 you can come up with a address and phone number with a 30$ internet search


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## Wellbuilt (Dec 25, 2020)

You could allso have a will drawn up and filed ,it would be good to have a executor to carry out your wishes or a probate lawyer will take a % of the estate when you pass . 
It depends on the state but belonging usually pass over and go to the kids in a family if your relative( brother ) is deceased .


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## Mr. Kingsbury (Aug 21, 2017)

Can her hateful family take it from her if they were to find out? She is underage (16).

And as part owner, would that affect anything in her life? As in taxes? Her ability to receive assistance, if she should need it? Etc...?

She has no idea of our final wishes.


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## fireweed farm (Dec 31, 2010)

My case is different with some minor similarities. Just a whole different perspective. When my time is up I don’t have kids, just a currently underage niece and nephew as well. With garbage ex-in laws. I have easy access to them after a long custody struggle…

I’m trying to spend time with the kids, and have realized (and at this age kids change) that leaving something of value may not always be best for some people. I’d suggest somehow (facebook etc) try to connect to her. I don’t know what your place may be worth, but perhaps with her childhood traumas she has a higher chance of getting into substance abuse etc, leaving a monthly stipend may be better than a wad of money to blow at once at a perhaps young age. 

I‘ve decided to tweak the Will (which is on scrap paper and not yet official) every few years as things change. My nephew will likely get the lions share at this point (smart and keen on higher education after high school) and a monthly stipend for the girl which has no interest in graduation and recently took up smoking tobacco and weed which I have no interest in supporting, but quite importantly I’ve decided to include percentages of the estate to some worthy people/friends past and present, and charities as well. Getting to know the kids made me realize that as important as family is, I’d like to spread the love a bit, and not spoil one person…

I know you didn’t ask this but something to think about. Others hopefully have the legal side.


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## GTX63 (Dec 13, 2016)

Mr. Kingsbury said:


> Can her hateful family take it from her if they were to find out? She is underage (16).
> 
> And as part owner, would that affect anything in her life? As in taxes? Her ability to receive assistance, if she should need it? Etc...?
> 
> She has no idea of our final wishes.


Unless you expect to die in the next few years, she should make it to legal adulthood and have sole rights.
It is doubtful she would want to take over and live in the home, just from what you have written. You could have the property willed to her, with the provision that it is sold via auction/private/whatever upon death, and the proceeds placed into a trust, with a monthly stipend. No one can touch it, no one can cash it out.
You can carve out portions, right off the top, to other persons or entities if you choose. The remainder can be spread out in montly payments until say age 25.
Or you can cash it out now and live how you choose till you are room temp and then let the creditors find someone to shake by the ankles after you are gone.


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## doc- (Jun 26, 2015)

If this kid is 16 y/o and not living with family, you can probably narrow your search for her by not bothering to check the local convents....If she hasn't seen fit to communicate with you in the last five years, how close is she to you? Isn't she really just another stranger?...Maybe you should consider leaving your property to another, more deserving stranger with more potential to appreciate the property and utilize the gift appropriately?


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## Forcast (Apr 15, 2014)

Wellbuilt said:


> You could put her name on the deed now as part owner and she will own it when you pass .
> It’s 2022 you can come up with a address and phone number with a 30$ internet search


I needed my sons SS# date of birth address ect to add my son on my deed


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## Danaus29 (Sep 12, 2005)

One thing to consider before adding a person you barely know to your deed, What if she racks up a huge debt and decides she doesn't want to pay????? Your home, seeing as it is not her residence, could possibly be forced into a sale if she is sued for any reason.

I bring this up because my son incured over $70,000 in hospital bills which his insurance refused to cover. If his name was on our deed he could have been sued for the money and we would be forced to pay up or lose our home.


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## topside1 (Sep 23, 2005)

May have been mentioned, but how about a "Quit Claim Deed". I have one and it only cost me $150, via a local attorney....Topside


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## topside1 (Sep 23, 2005)

A Quit Claim Deed is notarized, witnessed and signed by you, then filed with your county's tax office. Extremely simply....Your biggest problem is finding your niece and giving her a copy of the deed and explaining what's up. The real estate becomes hers upon your death and so do the taxes. Topside


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## topside1 (Sep 23, 2005)

In my county you just can't add an extra persons name to a deed, only two names per deed, that's the reason you file a Quit Claim Deed to provide eventual ownership. Topside


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## Danaus29 (Sep 12, 2005)

A survivorship deed is another option. The survivor doesn't take ownership until the owner dies. The drawback with any future transfer is inheritance tax. You should look into what the inheritance tax is for real estate in your area.


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## GREENCOUNTYPETE (Jul 25, 2006)

you need a lawyer , they can find and make contact with most anyone over 18

you should also talk to your lawyer about setting up your property as a trust and making her the managing trustee when you die. moving a property into trust is setting up a corporation that owns the property , you manage the corporation and you are simply turning over management to the new trustee. 

you may find that if you don't have a relationship with her now , consider giving your estate to something you believe in , your church , a charity or perhaps you find someone who you think is deserving of it and give it to them.

it doesn't have to be a blood relative.


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## fireweed farm (Dec 31, 2010)

doc- said:


> If she hasn't seen fit to communicate with you in the last five years, how close is she to you? Isn't she really just another stranger?


Kids of this age in a case like this are regularly mentally poisoned by their caregivers. That said, teens and often at this age, have a falling out (as most teens do!) with caregivers/parents and this could be the perfect time to reach out, so that the child knows there are people out their who love her. It could be a good time to reach out.


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## Danaus29 (Sep 12, 2005)

GREENCOUNTYPETE said:


> you may find that if you don't have a relationship with her now , consider giving your estate to something you believe in , your church , a charity or perhaps you find someone who you think is deserving of it and give it to them.


A friend of ours did that, well, attempted to do that. They willed their accounts and property to a church and appointed the church as executor. The church refused the appointment. We had to hire a lawyer to get it all straightened out. The lawyer kept most of the money. Our expenses to straighten it out and the burial expenses were covered.


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## muleskinner2 (Oct 7, 2007)

Mr. Kingsbury said:


> Sounds nice, but it's not as easy as one would think, considering the hate her family has towards us.
> 
> Perhaps about 16 years ago my brother met and then married a horrible woman, but he loved her, so what'cha gonna do, right? They had a beautiful daughter. He eventually took his own life, and the woman died of cancer. The daughter, our niece, loved us, her uncle and aunt (at least she made that claim the last we saw her about 5 years ago). Her family, not so much.
> 
> ...


Put your land in a Family Trust, and include her name in the Trust. Nobody can take it away, it's already hers. Some day when she had kids, she can add them to the trust. In some states you can do this without a lawyer, and in others you need a lawyer. She can't sell it, or borrow money against it. And it can't be taken away in a law suite. Locate her and talk to her first.


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## Alice In TX/MO (May 10, 2002)

You will have to spend money to do it correctly.


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## muleskinner2 (Oct 7, 2007)

Alice In TX/MO said:


> You will have to spend money to do it correctly.


In New Mexico it requires a lawyer, it cost us $250.00. The lawyer sent us the completed documents, and we filed them at the court house.


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## Wolf mom (Mar 8, 2005)

Understand the differences between an irrevocable trust and a revocable trust. Think about the consequences of both and what it means to you if something catastrophic happens in the future..

It's wonderful to be altruistic, but what happens if you really need the money when you get old old. Seems to me that you say you're poor, live further out (read no elder services) so when you get to the point you can't drive or have dementia or, or, or that land may help pay for your future.


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## Alice In TX/MO (May 10, 2002)

You NEED an estate planner/lawyer. There are MANY TOO MANY mistakes to be made.


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## topside1 (Sep 23, 2005)

Alice is right, you need a lawyer. Don't know how you will afford a lawyer but it's a must. After a years time I'm still working on finalizing a family member's estate. If only they would have done some planning before death. Everything works out but planning works miracles. Seek out a lawyer and you will sleep better at night....Topside


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## Nimrod (Jun 8, 2010)

You say that the girl's family is shady. What's to stop them from taking away the girl's inheritance and spending it on themselves? Write a will and direct the executor to sell the house and set up a trust for the girl. The trust pays her a set amount every month until the money runs out or pays a lump sum when she turns a specific age. You set up the trust so it can not be borrowed against or used for collateral so the family can't get their hands on the money. Your will could appoint someone you trust to run the trust until she turns a specific age.

If you sell the house you may have to pay taxes on the gain based on what you paid for the house originally. There is an exclusion on the gain from the sale of a home but not all sales qualify. Then when you die the inheritor may have to pay taxes on the money in your estate. The money from the sale is effectively taxed twice. If someone inherits property the cost basis for determining the gain is what it's worth when they inherit so no gain or a small gain if they sell it immediately.


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## muleskinner2 (Oct 7, 2007)

Wolf mom said:


> Understand the differences between an irrevocable trust and a revocable trust. Think about the consequences of both and what it means to you if something catastrophic happens in the future..
> 
> It's wonderful to be altruistic, but what happens if you really need the money when you get old old. Seems to me that you say you're poor, live further out (read no elder services) so when you get to the point you can't drive or have dementia or, or, or that land may help pay for your future.



My land is in a irrevocable family trust, and I did that on purpose. It's more important to leave the land to a family member than it is to sell it to pay for the care of on old fart who will die anyway. When I can't care for myself, or get around any more it will be time to go. I will not rot away in a nursing home, or in a hospital with tubes hanging out of me. Wither or not anyone chooses to believe me, is of no concern to me.


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## muleskinner2 (Oct 7, 2007)

Nimrod said:


> sell the house and set up a trust for the girl


Or you could put the house in a trust and name the girl in the trust. No taxes, and nobody can take it away.


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## Michael W. Smith (Jun 2, 2002)

Mr. Kingsbury said:


> The daughter, our niece, loved us, her uncle and aunt (at least she made that claim the last we saw her about 5 years ago). Her family, not so much.
> 
> So you last talked to your niece when she was like 11 years old, and she hasn't been in contact with you since?
> 
> ...


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