Legal Question in Wills and Trusts in Mississippi
Property left to 5 siblings only one pays taxes
My father died in 1985 and for the last 15 years I have been the only person paying the taxes on it, after this long are the other siblings entitled to it as well?
2 Answers from Attorneys
Re: Property left to 5 siblings only one pays taxes
A co-tenant can adversely possess a property after an ouster of the other co-tenants. Reference Williams v. Estate of Williams2006 So.2d (2005-CA-00601-COA). Ouster requires at least entry into the land and direct notice to the other co-tenants that one is claiming all rights to the property and that the other co-tenants have no right to the property. The burden of proof is clear and convincing evidence.
Re: Property left to 5 siblings only one pays taxes
Payment of taxes by one heir doesn't effect ownership. You should ask the other heirs to contribute to the payment of taxes or deed you the property. If all else fails, the property can be divided by the court between the five of you.
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