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RWeyer · Feb 28, 2006, 05:27 PM

Property in question is in Virginia. My parents lived in and paid taxes on this property for 35 years (still paying). My grandmother listed on the deed her successors, which were my mom and her remaining living siblings at that time which was 28 yrs. Ago. Most others listed as property owners on the deed have either signed their part of the property to my mother (she owns 75% of the property in question), or refused to sign over, and/or they also passed away, leaving their interest to their children. This is quite a mess. My mother passed away Sept. 05. I, as one of her 9 children, would like to get a clear deed. Is there some law that states the property belongs to my dad now since he has paid the taxes all these many years? Or does my mothers 75% interest go to her 9 children? I spoke to an estate lawyer recently and he said he wouldn't touch this with a 10-foot pole because: the property is worth only about $12,000; there are too many people on the deed to track down (originally about 15, but most have since passed away and their children wouldn't sign their parts over); etc. etc. Couldn't I post an ad in the paper asking any interested parties to come forward, if not, I own it? I don't think that sounds so silly considering my parents paid all taxes and upkeep of the property for 35 years. But, the laws on this are so "unfair" as I understand them. Can anyone please help? I need advice. This beautiful piece of property is just sitting there. The land is prime (1 acre) but the house is falling down. My dad has moved out. I don't know where to go with this and I can't believe that NOTHING can be done "without spending thousands of dollars" as the estate lawyer put it.

Thanks.
RWeyer

LisaB4657 · Feb 28, 2006, 05:51 PM

Unfortunately, to completely clear the title every person who has any kind of claim to the property by inheritance must be tracked down and must either sign over the property or be listed as an owner on the deed. As for your mother's interest, that interest passes to either her heirs by will (if there was one) or her heirs by intestate succession (when there's no will).

If I were in your position, rather than speaking with an estate lawyer I would contact a local title insurance agency and speak with their in-house lawyer. They could tell you exactly what would have to be done to clear the title and they could also issue a title insurance policy as part of the process of clearing up the title.

RWeyer · Feb 28, 2006, 05:53 PM

Thank you so much for the new avenue to explore. I will try it!

Robin

LisaB4657 · Feb 28, 2006, 05:55 PM

My pleasure. Good luck!

Fr_Chuck · Feb 28, 2006, 07:15 PM

** just a silly idea, don't pay the taxes, let it go into default, buy it back for unpaid taxes.

The majority owner should be able also to force the sell of the property, it would have to be at the apraised value of the land

But basically to really clear it up, yep thousands of dollars of attorneys