TUG MEMBERS: Joining TUG does not automatically register you as a user of the TUG Bulletin Board. You must register yourself.


*ads are disabled when logged in as a member*
  1. This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.
  2. The TUGBBS forums are completely free and open to the public and exist as the absolute best place for owners to get help and advice about their timeshares for more than 25 years!

    Join tens of thousands of other owners just like you here to get any and all Timeshare questions answered!
    Dismiss Notice
  3. TUG has now saved timeshare owners more than $12,000,000 dollars just by finding us in time to rescind a new Timeshare purchase! A truly incredible milestone!

    Read more here: TUG saves owners more than $12Million dollars
    Dismiss Notice
  4. Sign up to get the TUG Newsletter for free! Join tens of thousands of other owners who get this every week! Latest resort reviews and the most important topics discussed by owners during the week!
    Dismiss Notice
  5. TUG is trying out a new program that will trade you a TUG membership for a Timeshare resort review if you are an expired member, or even just a guest here on the forums!

    Read more here
    Dismiss Notice
  6. Our official "end my sales presentation early" T-shirts are available again! Also come with the option for a free membership extension with purchase to offset the cost!

    Read more Here
    Dismiss Notice
  7. Follow the TUG Member Banner as it travels the world on vacation with Timeshare owners! Also sign up to get the banner sent to you so you can submit a photo of your vacation with the banner to share with TUG! Banner Thread
    Dismiss Notice
  8. TUG has now joined Priceline.com as an affiliate!

    Members and guests who book air travel, rental cars and even Cruise Vacations thru TUG's priceline links will now support TUG in the process!

    Read more here
  9. A few of the most common links here on the forums for newbies and guests!
    Dismiss Notice

refusing an inheritance

Discussion in 'TUG Lounge' started by rapmarks, Jun 8, 2015.

  1. rapmarks

    rapmarks TUG Review Crew: Elite TUG Member

    Joined:
    Jun 6, 2005
    Messages:
    5,747
    Likes Received:
    1,037
    Trophy Points:
    449
    my aunt passed away, estate is settled except for a piece of property that is close to worthless. When I say the estate is settled, there was very little to settle, an account that named me and my sisters as beneficiaries, so no probate.
    I listed the property with a real estate agent before she died, and now a year later have an offer for $750, but the closing costs bring up the amount I need to break even to $1600. Part of this is because the county sent the tax bill to the wrong address, it took me years to track it down, and the county refused to change the address without me going through a lot of legal procedures. They told me they couldn't change the address on just anyone's say so, but refuse to explain where they came up with the address they have on record. the taxes were $34 a year, so penalties make up most of the $780 owing in delinquent taxes.

    Now to sell this lot even at a break even amount (which is twice the amount offered) I need to go through procedures to have the lot transferred to my name in order to transfer ownership to the buyer.
    We would like to refuse the inheritance for me and my sisters of this piece of property and let the county have it for back taxes. This is a piece of property in the middle of the desert with no roads to it, no utilities, etc. My aunt bought it for $5000 in 1960.

    I often see mention of refusing an inheritance when it comes to inheriting timeshares. Can we refuse this piece of property and what do i do? Send a death certificate to the county and tell them noone wants it?
     
  2. DeniseM

    DeniseM Moderator

    Joined:
    Jun 6, 2005
    Messages:
    53,033
    Likes Received:
    2,523
    Trophy Points:
    1,499
    You will probably need an attorney - there is a formal process to refuse the inheritance with the court. Or you may be able to get the proper paperwork from the county clerks office, or depending on your state, a legal aide office.
     
  3. CO skier

    CO skier TUG Member

    Joined:
    Sep 18, 2012
    Messages:
    1,806
    Likes Received:
    371
    Trophy Points:
    193
    Location:
    Colorado
    It would take probate to transfer the property to the beneficiaries. The probate would cost more than the property is worth. None of the beneficiaries want the property. Why pay to probate an inheritance that every beneficiary wants to refuse?

    Cancel the property listing with the real estate agent (the property is not yours to sell), then ignore the whole thing. It is not your property, so you are not obligated to pay any taxes. Let the county foreclose on the owner (your aunt) for back taxes some time in the future and then the county will sell it at auction.
     
    Last edited: Jun 9, 2015
  4. theo

    theo TUG Review Crew: Veteran TUG Member

    Joined:
    Mar 21, 2007
    Messages:
    8,418
    Likes Received:
    1,280
    Trophy Points:
    448
    Location:
    New England Coast
    Yessa!

    Good and sound advice, IMO. It's not clear to me how OP was able to list the property in the first place since, as already noted, property was not (and is not now) actually his to list and / or sell. I'll just assume for the moment that the OP had Power of Attorney for the late aunt.

    That detail aside, it would appear that the property still remains in the deceased aunt's name, with some years of back taxes and interest apparently still owed.
    Accordingly, it is the County's problem now; there is certainly no need or reason for the OP to do anything further, let alone unnecessarily complicate matters.
    Why undertake the cost and / or effort of probate just to legally make it your problem now instead? Just leave it alone OP --- you're already done, IMnsHO.
     
    Last edited: Jun 11, 2015
  5. rapmarks

    rapmarks TUG Review Crew: Elite TUG Member

    Joined:
    Jun 6, 2005
    Messages:
    5,747
    Likes Received:
    1,037
    Trophy Points:
    449
    of course I was the power of attorney, and I listed it when she was alive. probate isn't necessary in Arizona if the property is valued in such a low amount. I listed it a year ago, and informed the real estate agent when she died. I am the executor of her will. Everything was legal, the real estate agency had to have the power of attorney before they listed it.

    I am wondering if it is necessary to hire a lawyer to inform the county that the owner is deceased and no heirs want the property or just ignore the entire matter.

    For the past 7 years i have handled everything for my two elderly aunts, who are now deceased, from across the country including repeated hospitalizations, falls, moves, etc.
    My aunt paid her taxes and informed the county of her moves. Her last address was to an assisted living facility, the county sent the bill there for awhile, then sent it to old address,then sent it to some home in Tucson where the recipients ignored it. When I contacted the county they refused to change the address. My aunt had vascular dementia, she did not even speak the last several years of her life.
    The only way the county would have my name as I am listed as the reporting person on her death certificate and handled everything with the funeral parlor. One of the contingencies to have the title transferred is that the funeral be paid for, and i handled all that too.
     
    Last edited: Jun 9, 2015
  6. Jason245

    Jason245 TUG Review Crew: Veteran TUG Member

    Joined:
    Jul 14, 2014
    Messages:
    1,863
    Likes Received:
    82
    Trophy Points:
    158
    If there are no assets for them to go after, just stop paying and let them forclose on the property. Your names arn't on it, and the owner is dead what are they going to do? If they do get a letter finally sent to you, reply with the forwarding address (Plot XX of cemetary YY).
     
  7. rapmarks

    rapmarks TUG Review Crew: Elite TUG Member

    Joined:
    Jun 6, 2005
    Messages:
    5,747
    Likes Received:
    1,037
    Trophy Points:
    449

    I like that address!
     
  8. VegasBella

    VegasBella TUG Member

    Joined:
    Mar 7, 2013
    Messages:
    2,716
    Likes Received:
    362
    Trophy Points:
    218
    Location:
    Vegas
    Resorts Owned:
    Carlsbad Inn
    Avenue Plaza
    Riviera Beach & Spa
    Well, I don't think it's necessary but if you talk to anyone who has ever tried to do these sorts of things you'll quickly learn that when it comes to taxes you should go beyond "what's necessary." You can certainly ignore it and leave it as abandoned but that doesn't mean the gov. won't go after you for taxes on it. Whether or not you hire a lawyer, if I were in your shoes I would at least send a letter explaining that you are refusing the inheritance.
     
  9. rapmarks

    rapmarks TUG Review Crew: Elite TUG Member

    Joined:
    Jun 6, 2005
    Messages:
    5,747
    Likes Received:
    1,037
    Trophy Points:
    449
    I am one of 4 heirs. I could send a copy of the death certificate with a written notice that the heirs refuse the inheritance. I don't think it would be necessary to name the heirs!??
     
  10. CO skier

    CO skier TUG Member

    Joined:
    Sep 18, 2012
    Messages:
    1,806
    Likes Received:
    371
    Trophy Points:
    193
    Location:
    Colorado
    People should not ignore taxes that they owe. The county cannot hold a non-owner responsible for the taxes. The OP's power of attorney for her aunt is no longer effective. The OP cannot even change the address for the tax billing and certainly does not owe any taxes.

    The OP should cancel the property listing and not spend a dime or another minute worrying about a problem that is not their responsibility. Sending letters, death certificate, or anything else will not change the inevitable foreclosure process, so why spend the time and effort?
     
  11. CO skier

    CO skier TUG Member

    Joined:
    Sep 18, 2012
    Messages:
    1,806
    Likes Received:
    371
    Trophy Points:
    193
    Location:
    Colorado
    Whose name is on the last recorded deed for the property? If it is your late aunt's name, then there no reason to pursue the matter further.

    If the title has been transferred to you and/or other beneficiaries, then it is too late to refuse the inheritance.
     
  12. bogey21

    bogey21 TUG Member

    Joined:
    Jun 8, 2005
    Messages:
    6,722
    Likes Received:
    1,437
    Trophy Points:
    449
    Location:
    Fort Worth, Texas
    Why is the recommendation always to see an attorney? All she has to do is cancel the listing and relax. Send all mail from the County back marked "No longer at this address - deceased MM/DD/YYY". If the County comes after her, she may have to open probate as there are other potential beneficiaries but that is way down the road.

    George
     
  13. DeniseM

    DeniseM Moderator

    Joined:
    Jun 6, 2005
    Messages:
    53,033
    Likes Received:
    2,523
    Trophy Points:
    1,499
    George - I almost never recommend using an attorney. But if the OP intends to legally refuse the inheritance, which IS the question she asked, then there is a process that needs to be completed.

    I also offered other options:
     
  14. rapmarks

    rapmarks TUG Review Crew: Elite TUG Member

    Joined:
    Jun 6, 2005
    Messages:
    5,747
    Likes Received:
    1,037
    Trophy Points:
    449
    no the title is still in my aunt's name, at an incorrect address, and they were totally uninterested in rectifying the address so i could not pay the back taxes.
     
  15. rapmarks

    rapmarks TUG Review Crew: Elite TUG Member

    Joined:
    Jun 6, 2005
    Messages:
    5,747
    Likes Received:
    1,037
    Trophy Points:
    449
    Heirs and beneficiaries may disclaim all or part of an inheritance should they decide that the inheritance is more trouble than it's worth. It is possible, for example, to inherit real property that is located too far away to be of benefit, or personal property that simply isn't wanted. Additionally, tax consequences may render an inheritance a liability. When property is inherited jointly -- by two heirs or benefices together -- if the heirs can't decide how to share the property, or if refinancing is required and one heir can't qualify, it may be easier for one party to bow out by disclaiming the inheritance.




    Step 1

    Draft a renunciation or disclaimer form. Such preprinted forms can be acquired from a local probate court or an online legal document provider. You also may draft your own. Check your state's probate statutes to ensure that all the information required by your jurisdiction is included in the document. Generally, an inheritance renunciation or disclaimer form must be in writing and must contain the name of the decedent, a description of the inheritance to be disclaimed, a statement of intent to disclaim the inheritance and a description of what portion of the inheritance is disclaimed. Sign the form in the presence of a notary public and have it notarized.

    Step 2

    Check your state's probate statutes to confirm any time deadline required by your state for disclaiming an inheritance. California, for example, requires that the renunciation or disclaimer form be filed within nine months of the decedent's death, or within nine months the inheritance becomes "indefeasibly vested," whichever is later.

    Step 3

    File the form within your state's required time frame. Check your state probate code to find out where to file the form. Some states require that the form be filed by delivering it to the estate's personal representative, commonly known as the executor. Confirm that your jurisdiction also does not require you to file a copy directly with the court.
     
  16. CO skier

    CO skier TUG Member

    Joined:
    Sep 18, 2012
    Messages:
    1,806
    Likes Received:
    371
    Trophy Points:
    193
    Location:
    Colorado
    Perfect. Don't change anything, ignore it, and you are done.

    You wrote that there was no probate, so there is nothing to tie the property to any beneficiary, so there is no inheritance to disclaim.

    If you send an inheritance renunciation in to a probate court for a property than was not probated, you may be creating problems and expenses for yourself that you do not now have.

    It is not clear why you think you need to do anything regarding this property that was owned solely by your aunt, is regarded as worthless, and is the only remaining asset.
     
  17. Talent312

    Talent312 Tug Review Crew: Rookie TUG Member

    Joined:
    Jul 4, 2007
    Messages:
    12,277
    Likes Received:
    2,132
    Trophy Points:
    548
    Location:
    North Florida
    Resorts Owned:
    HGVC x2 and Gatlinburg Town Square
    "Disclaiming" an inheritance is typically done as part of probate case to allow an executor to distribute assets in a manner that is different than what the law or the will provides. It's usually something that's filed with the court. It's possible to take a disclaimer, have it signed/witnessed/notarized, and recorded where the property is located...

    But IMHO, it's unnecessary and a bad-idea. Why? No good purpose would be served by identifying the heirs in the public records. Let them remain anony-mouse. While heirs are not personally liable for claims against the estate, if someone were to file a suit over the property, the heirs could be named+served as defendants, disclaimer or no.

    IOW, I wouldn't bother. Let the county keep sending bills to whomever.
    Eventually, it may issue a Tax Deed to whoever pays the back-taxes or it will be forfeit to the county.
    .

    .
     
    Last edited: Jun 11, 2015
  18. rapmarks

    rapmarks TUG Review Crew: Elite TUG Member

    Joined:
    Jun 6, 2005
    Messages:
    5,747
    Likes Received:
    1,037
    Trophy Points:
    449
    I tend to agree with last two posts. Just ignore the whole situation. As i said,I put the land up for sale while she was alive and this offer came in at the end of the listing. What is interesting is it is a real estate agent making the offer, and I don't understand why he doesn't try to buy it for back taxes. The listing agent stands to make a $45 commission on this lot, so isn't pushing for a sale! so I agree, don't do anything that gives away the names of any potential heirs to come after for this property.
     
  19. pjrose

    pjrose Tug Review Crew: Rookie TUG Member

    Joined:
    Oct 28, 2005
    Messages:
    8,738
    Likes Received:
    10
    Trophy Points:
    298
    Location:
    Central PA USA
    You could create fancy brochures showing beautiful condominiums with landscaping, pools, fountains, and views, and sell timeshares at pre construction prices. And for those who purchase in the next 90 days, for cash, discount it another 10 percent!

    Gar un teed to be completed by 2018**

    **except for issues beyond or within sellers control, acts of god, weather, taxation, or any other reason. Buyer forfeits all rights of recession, possession, collection, occupation, etc as well as any potential legal action.
     
  20. rapmarks

    rapmarks TUG Review Crew: Elite TUG Member

    Joined:
    Jun 6, 2005
    Messages:
    5,747
    Likes Received:
    1,037
    Trophy Points:
    449
    I spoke to a lawyer in Tucson, as real estate has been calling me to pressure me to change lot to my name. Lawyer says just what some Tuggers said, don't assume the liability, let county take it for back taxes. I have no liability, and I should not take it on.
     

Share This Page