Claiming interest in property AFTER probate is closed and settled?

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  • #3898

    Gibson39501
    Participant

    Mrs Smith passed in 2015 – owned two lots with cabins in West virginina… Probate was done..notices were published properties were changed to new names of daughers 3 of them

    Problem: a cousin has stated since Mrs Smiths passing that she had been promised one of the lots
    Today my sister recieved a letter from this cousin saying she had papers, we dont know what kind of papers supposedly showing that her Mother Mrs Smiths sister (mrs Jones now also deceased) had paid $10,000 about 30 years ago for this one property.
    There is an HOA or Lot owners Association that bills annually for the fees…. SOME HOW cousin has had this notice sent to her in HER NAME….on both lots… We are in process of contacting the HOA to find out WHO WHY AND WHEN they received notice to change the name on the Associations Fees.

    There was a letter sent …. stating that the properties couldnt be put in mrs Jones name because of divorce or some such…doesnt matter….

    The three daughers of Mrs Smith have paid all taxes etc on the properties since her death…and Mrs Smith paid ALL taxes and Fees on both properties since the properties were purchased.

    The daughter of Mrs Jones did not file a claim against the property during the notice time and all probate has been settled on the properties…. GRRR… She sent a copy of the HOAs fee billing in her name…. the legal owners on the properties are the 3 daughters.

    QUESTION: If the cousin now has some kind of paper which I would imagine would have to be a Quick Claim Deed or something of the like and it was NEVER recorded is it still binding if not presented during wait period of probate>>>?

  • #3900

    DorisThompson
    Participant

    HAVE YOU FIND ANY SOLUTION?

  • #3904

    Gibson39501
    Participant

    No – no responses. we will just have to wait…its a he said she said…. now all of a sudden supposedly the cousin has some kind of “paper” I am waiting for a response from the HOA on WHO changed to lot ownership in their records and WHAT if any papers were supplied since the cousin hasnt offered anything up…. she waited 3 years. Ms Edna has paid taxes and HOA fees since the purchase of the lots back in the 70s…. will post if I get any responses. I just cant see how if they didnt file a claim after her death and during probate they could lay claim…but we will see….. Families….@#$@#$@!!

  • #3909

    Lex
    Keymaster

    This all depends on the laws of West Virginia. Can’t help much on that.

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