What do we do as their children to claim some type of ownership to this property?

Question

My uncle states that my deceased father’s name is on deed of a property that my grandmother owned. My father died about 25 years ago and my mother passed in 2011. My uncle is on deed also.

Christine James · Answer

You need to file a petition for probate and possibly a partition action. There is no way around it so see a probate attorney immediately.

Victor Waid · Answer

You are advised to obtain  a probate litigation lawyer who can file a petition to partition the property to have the property sold and the proceeds divided according to your inheritance interest. This type of action can be filed in a probate court or as a civil law suit in the civil court. A probate court is recommended.

Nathan Wagner · Answer

If the deed says that they were joint tenants with right of survivorship, then the whole property would go to your uncle (because he is the only surviving person named in the deed). If the deed says they were tenants-in-common, then you will need a probate court to distribute the property. You have to look at your grandmother's will and your father's will (and other estate planning documents) to see how the property should be distributed. This distribution could be complicated, so you may want to consult with an attorney.

James Oberholtzer · Answer

Get a copy of the Deed. Depending on the wording, you might own something or not.

Charles Perry · Answer

You will need to open some kind of probate proceeding to allow for the transfer of your father's interest in the property to its rightful owners.

Ben Liu · Answer

You should have a lawyer review the facts. A probate will most likely be needed.

James Frederick · Answer

The answer depends on how title is held. If it is held as joint tenants with rights of survivorship, then your father's interest died with him and there is nothing else that would need to be done. Your uncle would presumably be the sole owner, at this point. If title was held as tenants in common, then probate would be necessary for your father and perhaps your mother's estate, as well. It probably makes sense to have an attorney review this entire situation with you.

Richard Blasco · Answer

If your father who passed away 25 years ago is still owns an interest in the home, then it appears that your grandmother's estate was never probated, or if probated the title to the home was transferred by the court to your father and your uncle. It sounds like title to the home that was in her name was to be pass to her sons (presumably 2, your dad and your uncle.) Whether this was done and completed needs to be investigated. You need to obtain a preliminary title report to verify who is on title and all other liens on the property. If you father is on title, and there is equity in the property, then you need to, through court proceedings, clear title to the property.  Before you spend the money clearing title however, you need to look into the economics of who is in possession of the properety, who is using the property, who is paying the real estate taxes, who is paying to clear the title, etc. Presumably title to the property is most likely to be, or is, held by your father and your uncle as tenants in common. If you uncle has resided on the property and pays the real estate taxes and expenses, he cannot obtain title by adverse possession from another covenant. However, there are credit and debit adjustments that need to be made to reflect use of the home and the payment of the home expenses referred to above.  Before you start to spend any large sum of money to clear title, you need to have fully investigated the current title and performed the economic analysis discussed above.

Gerald Bagazinski · Answer

I would contact an attorney, do a title search, and  then open a probate estate.

Dara J. Goldsmith · Answer

You need to have counsel review the deed and chain of title to see what rights if any you have. If possible you should  to consult with an attorney in the county where the property is located. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.

Jeffrey Cogan · Answer

You may have to probate your father's estate. If he owned it as joint tenancy with right of survivorship, you get nothing. If he owned it as a co-tenant, you can get at least 1/3 for the children, maybe more, depending on your grandmother's will. You may discuss this more with me by emailing me.

Sanford M. Martin · Answer

Legal advice for you depends on the details of your case. If your grandfather included your father and uncle on the deed as joint owners of the property, then you or your siblings may have no interest or ownership in the property. When your grandfather and father died, your uncle may have become owner of the property as survivor of the joint owners. If the deed indicates that your uncle was not a joint owner with rights of survivorship, you and your siblings may have some ownership of the property, which would require that your uncle recognize it or you would have to file and action in local probate court which could require much time and expense. So, your options depends on the type of ownership and value of the property.

Brian Haggerty · Answer

Talk to a title company about insuring title on an affidavit of heirship. Probably you will have to probate one or both estates.

Mark T. Peters · Answer

It depends.  If your father and uncle were listed as joint tenants, there isn't much you can do, since it went to your uncle.  If they were tenants in common, you probably need to start a quiet title action since it is too late to probate your father's estate.

Bernard H. Greenberg · Answer

You will need to either probate the property or file a Quiet Title action to clear the title.

Norman Green · Answer

First find out documentary verification of what you've heard.  Then file a petition for probate.

Kathleen Delacy · Answer

Depending on who passed first, it would be either your father's or uncle's to pass to their heirs either by will or intestate.  But the estates would need to be probated.

Richard Keyes · Answer

In Missouri, you will need to see an attorney.  I am assuming that your father's share of the the value of the property is over $40,000.  You may have to do a petition to determine heirs in regard to your father's estate and your mother's estate.  Be sure to take the deed and the death certificates to the attorney to discuss this matter and have the names and addresses of all the children available.

Roman Aminov · Answer

You should speak with an attorney and if appropriate file an administration petition.

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What do we do as their children to claim some type of ownership to this property?

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