Legal Question in Real Estate Law in Indiana

Tenants in Common

My father and I owned our house together before his death on 3/16. My siblings are now saying that we all have a share of the house. If this is the case, do I have the right to ask each of them to pay property taxes on the house?

Asked on 4/07/09, 1:34 pm

2 Answers from Attorneys

C. David DuMond Law Offices of David DuMond

Re: Tenants in Common

Obtain a copy of the deed by which you and your father owned the property together, and take it to a local lawyer experienced in property law. If the deed includes both names as owners as joint tenants with right of survivorship, then your siblings own nothing, and you can perfect your interest in the house by filing an affidavit of death or survivorship affidavit. If there is no deed with your name on it, or if the deed says you and your father are tenants in common, then the property has to be probated. Good luck.

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Answered on 4/07/09, 2:24 pm
Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

Re: Tenants in Common

If it is a tenancy in common, you own half and the other half is divided up between all of the siblings, including yourself, unless there is a will, I believe. Yes you do have the right to have them pay their fair share of the property tax.

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Answered on 4/07/09, 6:10 pm

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