Legal Question in Wills and Trusts in Kansas
wrong name on deed and husband's debt
I have a couple of questions and I'm not sure I need a lawyer. My parents died and left, in a will, a house and 10 acres to us 6 children. When my dad was very sick he signed over the deed to us and misspelled my name. On the will is my previous marriage name.
My siblings are concerned. There is a big contractor trying to take the land in that area and they believe that if they find a mistake on the deed they can claim eminent domain and not pay as much as it's worth. Also my husband and I had a loan on a trailer home and we had to let them have it back. We have not payed on it and we owe a small amount in back taxes on it in Wyndotte County. The thing is, the trailer and taxes are in my husbands name alone, but my siblings believe our parents home will be taken to pay these. They want to have me fill out a quit claim.
Another point--they live there in the Kansas City area and I live in Fort Worth, Texas.
1 Answer from Attorneys
Re: wrong name on deed and husband's debt
You can file an affidavit to correct your name in the will. No big deal. A judgment may be take against you for the taxes and debt, but that will not affect the land - only any money that you might receive from the land. Do not sign the quit claim deed without talking to a lawyer. Maybe if the siblings want this land to badly, they could buy it from you.
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