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    Ed58's Avatar
    Ed58 Posts: 3, Reputation: 1
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    #1

    Jul 8, 2013, 07:22 AM
    How does one respond to a quiet title suit where original owner in suit is deceased
    Original owner named in suit and his heir to the small land lot (low value) are deceased. There have been 3 more owners since.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Jul 8, 2013, 08:51 AM
    It depends on who "one" is.

    Who is the plaintiff (the person who filed suit") You suggest that the owner and his heirs are the defendants. And where do you fit in all of this?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Jul 8, 2013, 09:34 AM
    Quote Originally Posted by MichaelKelley View Post
    such property goes to government. if the owner and all the heir are decesed and no one is staying such property right now then such property goes to government.
    Did you actually read the post? This property is the subject of a suit. There have been multiple owners since the ones named in the suit. This is not abandoned property that goes back to the govt.

    Please read the posts carefully before responding.
    Ed58's Avatar
    Ed58 Posts: 3, Reputation: 1
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    #4

    Jul 8, 2013, 02:49 PM
    The fourth and current owner (Plaintiff) filed the complaint to remove the "cloud from the title". He named the Delinquent Tax Collector, the third owner (received from second owner through passing title with love and affection - no title examination), and the first owner. This land lot has gone to auction for delinquent taxes twice. The fourth owner is in possession of land lot, and he has it advertised for sale. Again, fourth owner has filed a Complaint to petition a Judge to declare this land lot to be vested to the Plaintiff (fourth and current owner).

    As mentioned, the first owner and his heir are deceased. It has been approximately 15 years since heir to first owner let the land lot go for delinquent taxes, assessments, and other expenses paid by second owner. I am a beneficiary to liquid assets in first owner's estate 26 years ago.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Jul 8, 2013, 03:03 PM
    So are you claiming any ownership of the property?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #6

    Jul 8, 2013, 06:42 PM
    Quote Originally Posted by Ed58 View Post
    ... I am a beneficiary to liquid assets in first owner's estate 26 years ago.
    OK, so your predecessor in title "let the land ... go". What legal claim do you have to the property. It appears to me that you don't have a valid claim. If so, do nothing. Plaintiff will get judgment quieting title and removing the cloud on title. Case closed.

    If, on the other hand, you do have some valid theory whereby you would have a claim, let's see it and we will tell you what we think of that theory.

    What state is it, by the way?
    Ed58's Avatar
    Ed58 Posts: 3, Reputation: 1
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    #7

    Jul 13, 2013, 12:06 PM
    Been away. Thanks for responses and great assistance. The two and only two beneficiaries claim no ownership to the land lot in S.C. Again, many thanks!
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #8

    Jul 13, 2013, 12:10 PM
    How long have you owned and paid taxes on property?
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