Unwanted Property

[LRDave]

You can donate the real property to the county.

My conversations with the county (10 years ago) did not prove this to be the case. The message was: "Sell it if you want, but otherwise keep paying the taxes."

 

[RetireeRobert]

My conversations with the county (10 years ago) did not prove this to be the case. The message was: "Sell it if you want, but otherwise keep paying the taxes."

And "who" at the county did you talk to? Some "clerical assistant 1"? Who probably doesn't even work there any more? Of course no one at the county clerk's office is going to say--"yea, quit paying your property tax!"

That said, letting the property go to "tax sale" by the county for non-payment of taxes is a little messier than getting an adjoining land owner to take legal ownership for some nominal payment. Or getting someone on reddit or craigslist or etc. to buy the "Georgia recreation lot" as a novelty for a pittance.

Someone will take legal title to that land and actually buy it from you at a nominal price. All you have to do is find them. Put your marketing hat on and start working!

 

[Joyjoy757]

Thats what I was thinking. If its in the will, remove it, then nobody will be responsible for it.

 

[LRDave]

Someone will take legal title to that land and actually buy it from you at a nominal price. All you have to do is find them. Put your marketing hat on and start working!

The bolded above made me throw up in my mouth a little bit.....

 

[RetireeRobert]

The bolded above made me throw up in my mouth a little bit.....

What? You read in an "early retirement" forum someone unexpectedly advising you to "start working", and it triggers your gag response? Well, on second thought, sorry I gave that advice---here!!

 

[LRDave]

What? You read in an "early retirement" forum someone unexpectedly advising you to "start working", and it triggers your gag response? Well, on second thought, sorry I gave that advice---here!!

T'was a jest..... Jokes about the word "w*rk" are the coin of the realm around here. I will take your sage advice, if plans A & B don't come to fruition.

 

[RetireeRobert]

T'was a jest..... Jokes about the word "w*rk" are the coin of the realm around here. I will take your sage advice, if plans A & B don't come to fruition.

You seem laid back, and perhaps ready for early retirement, if not already enjoying it.

Nonetheless, my unthinking audacious suggestion in an early retirement forum for someone to "start w*rking" was a bit beyond the pale. I need to consider my words more carefully.

 

[pb4uski]

You seem laid back, and perhaps ready for early retirement, if not already enjoying it.

Nonetheless, my unthinking audacious suggestion in an early retirement forum for someone to "start w*rking" was a bit beyond the pale. I need to consider my words more carefully.

Yeah, you do that too much and you'll find yourself "Gone traveling".

 

[Gill]

I am not an attorney, but I think it is not that simple. With 3 heirs, inheritance passes to the other heirs. I don't see any easy way to return it to the county.

There is probably some legal machination we can undertake (times 3), but it won't be free and might be complicated (hence expensive).

Yes it is simple. Just disclaim it. You don’t need to inherit it.
Gill

 

[imnontrad]

The area may have changed a lot any maybe there is some value to it now. You would need a real estate appraisal of the land when your father dies anyway.
Contact the adjoining neighbors to see if they want to buy. See if the county/township will accept as a donation for a park. Depending on the size, maybe a youth group (Boy Scouts, Girl Scouts, 4-H) would be interested.

 

[LRDave]

Yes it is simple. Just disclaim it. You don’t need to inherit it.
Gill

Do I need an attorney to do this? If so, there will be costs.

 

[CaliKid]

So you "disclaim" it. Do you really care what the other 2 do with it? If the other 2 also refuse it, then who really cares at all? If all primary, secondary, tertiary etc. beneficiaries (according to the will or trust) "disclaim" the property, I believe it goes to the state.

Disclaimer means you are treated as predeceasing. So if the person disclaiming has kids, in most cases, you are just passing on the problem to your kids.

However, if the family just does nothing when dad dies eventually the county will sell it at a tax sale. I feel fairly confident not too many counties are going to go after the decedent's probate estate.

 

[RunningBum]

Disclaimer means you are treated as predeceasing. So if the person disclaiming has kids, in most cases, you are just passing on the problem to your kids.

Can't the kids disclaim as well? And anyone else in line?

Do nothing sounds better though.

 

[financemups]

as far as donating goes, a google search of 'how to donate unwanted land' yields several results for non-profits, I guess YMMV whether or not any of them would pan out but there are a few to choose from: https://www.google.com/search?q=how...30j0i390l2.6056j1j15&sourceid=chrome&ie=UTF-8

 

[JoeWras]

Can't the kids disclaim as well? And anyone else in line?

Do nothing sounds better though.

Unless some land broker is willing to give $10 for it with no work on your part. Then your kids, or spouse, or your kid's kids won't have to worry about it.

 

[RetireeRobert]

Have unwanted property you want to sell?

https://www.flagship.properties/?fb...2_0XnXnMykWfSITSHuXF2pUCoAp8zGisuUTsdj8IdLNsU

 

[street]

^ that is pretty interesting. I should would believe that you would be able to sell that piece of land.

 

[CRLLS]

Disclaimer means you are treated as predeceasing. So if the person disclaiming has kids, in most cases, you are just passing on the problem to your kids.

However, if the family just does nothing when dad dies eventually the county will sell it at a tax sale. I feel fairly confident not too many counties are going to go after the decedent's probate estate.

I would like to know more about this. I assumed if a named person disclaimed their share, it was done before they took legal possession. To me that might mean (assuming "per stirpes" or "per capita") that branch ends and the disclaimed's children do not have any right to what would might have normally be their share. IANAL for certain. I honestly would like to know more. Is this a state by state issue? Or all states?

 

[pb4uski]

CRLLS, I think what CaliKid is saying is that if the will follows the bloodline as many wills do if the OP disclaims that it just goes to the OPs kids... but if the OPs kids and grandkids and any other heirs and or bloodline disclaim it as well then it just keeps going to the next sucker.

As I understand the way it works, some long-lost cousin who the family doesn't inform to disclaim it could theoretically end up with it but I suspect that the county would give up and just take the property long before that happens.

 

[JoeWras]

CRLLS, I think what CaliKid is saying is that if the will follows the bloodline as many wills do if the OP disclaims that it just goes to the OPs kids... but if the OPs kids and grandkids and any other heirs and or bloodline disclaim it as well then it just keeps going to the next sucker.

As I understand the way it works, some long-lost cousin who the family doesn't inform to disclaim it could theoretically end up with it but I suspect that the county would give up and just take the property long before that happens.

This is a great way to give your heirs headaches. What about the executor? I have a friend named as an executor to his wife's aunt! He's a nice guy and agreed to do it. Finding the 16 per-stirpes heirs was a difficult task. He got paid only a meager amount for a meager estate, and had to deal with a lot of the "disclaim" paperwork.

Unless you like giving away problems after you die, best to get it off the books now. Land broker.

 

[Markola]

as far as donating goes, a google search of 'how to donate unwanted land' yields several results for non-profits, I guess YMMV whether or not any of them would pan out but there are a few to choose from: https://www.google.com/search?q=how...30j0i390l2.6056j1j15&sourceid=chrome&ie=UTF-8

I worked for some of these groups listed. At least 95% of the properties offered out of the blue were problem properties and were politely declined. Unless it’s an asset that can be readily sold, or it has valuable habitat or green space qualities that an organization values, they will pass. After all, why would they want to take on the donor’s headache?

 

[CRLLS]

I guess I was wrong in my assumption. After some researching, it appears you may be correct in that "disclaiming" simply passes your share to that person's children as if the disclaimer had predeceased the property owner (LRDave's DF). In the case of there being no will, state laws of intestate order will prevail.

If DF has a will, and the grandchildren are named as contingent beneficiary(s) or "per stirpes" or ""per capita" are written into the will, Then it appears that the GC would have to disclaim also.

Absent of the above words written in any Will, I think the only named beneficiary(s) can simply disclaim the land and that would be the end.

LRDave never mentioned the existence of a will or what the exact words are in it regarding beneficiary(s). Since his DF is still on this side of the grass, there may be time to simplify the issue and either change the will, or better yet, somehow dispose of the property before he passes.

 

[pb4uski]

This is a great way to give your heirs headaches. What about the executor? I have a friend named as an executor to his wife's aunt! He's a nice guy and agreed to do it. Finding the 16 per-stirpes heirs was a difficult task. He got paid only a meager amount for a meager estate, and had to deal with a lot of the "disclaim" paperwork.

Unless you like giving away problems after you die, best to get it off the books now. Land broker.

Joe, I somewhat agree, but if I was the OP, job #1 is to make sure that neither me of my kids get stuck with it and if I and if needed, my kids don't get it because we have all disclaimed it and it ends up in the hands of a sibling or long-lost relative than that is less of my concern.

I long ago suggest that the OP look up who the adjacent land owners are and offer it to them for $1.

I highly doubt that any landbroker is going to give the OP the time of day on such a small and low value property... if so, I'd just sell it to the landbroker for $1 and if s/he can make lemonade out of it then good for them.

 

[pb4uski]

I guess I was wrong in my assumption. After some researching, it appears you may be correct in that "disclaiming" simply passes your share to that person's children as if the disclaimer had predeceased the property owner (LRDave's DF). In the case of there being no will, state laws of intestate order will prevail.

If DF has a will, and the grandchildren are named as contingent beneficiary(s) or "per stirpes" or ""per capita" are written into the will, Then it appears that the GC would have to disclaim also.

Absent of the above words written in any Will, I think the only named beneficiary(s) can simply disclaim the land and that would be the end.

LRDave never mentioned the existence of a will or what the exact words are in it regarding beneficiary(s). Since his DF is still on this side of the grass, there may be time to simplify the issue and either change the will, or better yet, somehow dispose of the property before he passes.

I'm not sure that will work, usually in wills there is a "residual estate" which is everything in the estate that isn't speciifically bequeathed, so if the lot would end up in the residual estate and go to the beneficiaries of the residual estate.

Probably better to abandon it, ignore the propety tax bills and in most jurisdictions that I'm familiar with the town or county will then eventually hold a tax sale and auction it off.

 

[LRDave]

Have unwanted property you want to sell?

https://www.flagship.properties/?fb...2_0XnXnMykWfSITSHuXF2pUCoAp8zGisuUTsdj8IdLNsU

Thanks for the link. I have submitted our info.

This is the third submission for sites like this for us. I have not heard back from the other two.

I will update this post when/if I hear anything.