Heirs’ Property is property that is passed down informally from generation to generation when the original landowner dies without a will, or the will was not probated or administered .
An heir is anyone related “by blood” to the person whose name is on the deed to the property, and those persons related to him/her by law or birth, including:
- A spouse by legal marriage
- A spouse by “common law” – providing they have lived together and presented themselves openly to the community/public as husband and wife
- A spouse who is separated but not legally divorced
- Children by birth
- Children by legal adoption
- Outside children
- Children of a separated but not divorced spouse (there is no such thing as “common law” divorce)
- State laws determine who inherits your land
- Can potentially include multiple generations and hundreds of relatives
- No single heir has clear title to the entire parcel. Each owner has an interest in the entire asset rather than each heir having their own piece of the asset.
Legally divorced spouses, “raised” children (not legally adopted), and any non-family members are not heirs to property that is left when a person dies without a will.
The definition of “clearing” the title is having the name of the deceased person removed from the deed of the property by legal measures and replacing it with the name(s) of the living heirs of that deceased person. With a clear title, you can obtain a mortgage to build a new home, obtain a loan to make repairs to your current home, access USDA funds for property enhancements or disaster recovery and repairs.
Yes. Family agreement is generally required before an attorney can proceed with resolving property issues. Most attorneys will not risk taking an heir’s case to court without a family agreement because an heir who doesn’t agree can stand up in court and challenge the proceeding. If that happens, the family runs the risk of the court ordering the property sold.
No, we cannot give legal advice. We can, however, assist you by providing guidance on legal services that are available. To ensure that all relevant information is obtained so we can better assist you with options you can consider, call us at (936) 261-5002 to schedule a free appointment to talk about your particular property issues.
There are no fees charged to heirs’ property owners who utilize our services. From the moment you contact us and complete an Heirs Property Landowner Intake Form, all services provided by the Heirs Property Education Program to help you resolve your property issues are free. Landowners are responsible for paying for costs associated with their case, which might include legal fees, court filing fees, cost for publication in the paper, fees for a title search and the cost for any survey the family wants to have completed, etc.
Each case is different and varies with each family situation. Resolving an heirs’ property issue can take anywhere from twelve months to several years.
Our mission is to help families wishing to keep their family land. We will be happy to provide anyone wishing to sell their family land with a list of attorneys.
FAMILY TREES ARE IMPORTANT. Creating your family tree is a necessary part of resolving heirs’ property issues. All parties who have an interest in the property in question must be accounted for and notified of upcoming actions. We can provide resources to help you to do this critical work.
We provide special presentations to help families come together and reach an agreement about what to do with their land. The presentation is a customized version of our Heirs’ Property Education seminar – specifically tailored to provide the information and answers that a particular family needs. We can also provide mediation services to help facilitate the process.