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Home Ownership/Probate2019-05-29T12:18:42-04:00

Home Ownership – Probate
Home Sweet Home Project

What is Heir/Heirs’ Property?

Heir property refers to land that has been passed down informally from generation to generation.  Usually it involves landowners or homeowners who died without a will, or whose title to property is never passed down to their heirs through a probate action.  Heirs’ property is land or homes owned “in common” by all the heirs, regardless of whether they live on the land, pay the taxes, or have ever set foot on the land.

What are some of the problems with Heir/Heirs’ Property?

When a landowner/homeowner dies without a will, the state decides who inherits the land.  Over time distant relatives who may not know each other could become co-owners of the same property.  There is no clear title to the land or home. There is no clear home ownership of the land or home.

It is hard to get loans, grants, and government assistance without clear title or home ownership. Some owners are unable to receive a home loan or FEMA funds after a natural disaster to complete badly needed home repairs.  Sometimes taxes do not get paid because it is unclear who is responsible to pay them. This can lead to loss of the home through the sale of a tax deed. Lack of clear title also means that the property is less marketable for sale or lease.

What can Three Rivers Legal Services do to help with Heir/Heirs’ Property?

The Home Sweet Home project of Three Rivers Legal Services is designed to educate homeowners about these issues, to help where possible to clear title  and home ownership to Heirs’ property through representation in probate, quiet title and adverse possession matters. To assist homeowners in avoiding future issues, the project helps with preventive measures including preparing simple wills and deeds.

Call 866-256-8091 now to make an appointment to speak to one of our attorneys or click below to apply for help and receive a call from one of our Intake Specialists, if you are eligible for free assistance.

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