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Tawanna Tynes · Jun 4, 2007, 03:02 PM

My uncle has a house that was left to the next of kin and he got it. His grandmother who left the house to him mad a error in the paper work and put him down as her son. She raised him as her son, but tecnically he was her grandson. Many years later he went to take a loan out on the house to get it repaired and that's when the bank asked him if the house had a clear deed. In response he named a aunt that was married to one of his grandmother's brothers in which he hadn't seen in over 40years. He now can not do anything with the house until he gets a clear deed. Please help me to figure out how he would go about getting a clear deed. Remember the house was an "aire" house. Thank you... I hope you understand the question.

Fr_Chuck · Jun 4, 2007, 04:56 PM

If the house was left to two heirs, then the other heir, or their hiers own part of the house, you will have to track them down and buy their share from them.

If he was left the house in his name only, ( NAME, not title ) then he basically has a clear deed, unless another family member has made a claim.

So was another person named in the will to get part of the home or estate ?

Tawanna Tynes · Jun 4, 2007, 07:43 PM

The brothers and sister of his grandmother were all named on the deed... but everybody had passed away. Being that this other lady was married to one of the brothers and was still living at the time, tecnically she was her husbands next of kin, therefore she had part ownership of the house.. correct? I am going to see if there is a public record of her death, will that help him to prove that he is the only living heir on the deed and help him to obtain a clear deed?

Fr_Chuck · Jun 4, 2007, 07:47 PM

Still a lot of other issues, depends on how the deed listed them.

The wording or the state it was written in, could mean that if the brothrs and sisters are dead, their children would have a claim.

Or if it is written the other way, then only those living would.
But if this lady was alive at the time of the owners death, then when they died, their heirs would have a claim.

Did the property not go through probate? If at that time notice and searches for family members would have had to be done, before a new deed would have been issued ?

LisaB4657 · Jun 4, 2007, 07:49 PM

The best and easiest way to do this is to retain either a real estate attorney or a title agency to handle it. They will review the former deed and tell you exactly who is entitled to ownership of the house and what your uncle must do to clear the title.