QUESTION
Does an heir have any right if the property is located years after the owner has died?
Asked on Mar 25th, 2013 on Estate Planning - Washington
More details to this question:
My father passed away in 1963. I just found out he owned a parcel of land and looked it up. It was listed as being owned by the Estate of my deceased father. I don't know where to start asking questions. Do the heirs have any rights, or has that long passed? How do I go about finding out this information?
14 ANSWERS
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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An estate has to be closed at some point. You should talk to a probate attorney and see what options you have.
Answered on Aug 12th, 2013 at 8:25 PM
Corporate/Business Attorney serving Beachwood, OH
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Christine Sabio Socrates Attorney at Law
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Yes, you can still open an estate and have the property transferred to the heirs. It does not matter how much time has passes. You would need to open a probate estate in the county he resided in at the time of his death in order to transfer the property to the heirs. Have any property taxes been paid over this time? If not, there may be tax liens on the property.
Answered on Aug 06th, 2013 at 3:28 PM
Sanford M. Martin
Your only option to resolving the legal issue may be the local probate court in your father's county of residence. You should review all the relevant documents such as deeds, previous probate action, will, etc, then discuss the situation with an attorney experienced in probate since you must be represented as an interested person in the estate.
Answered on Jul 31st, 2013 at 10:42 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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See an attorney with all of the fact. Someone has to own the property. Who has been paying the taxes? Is the estate still open? I
Answered on Jul 31st, 2013 at 10:42 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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You have potential rights to the property but are you the sole heir? If not do you know who those heirs are and their decedents? Was your father's estate probated? Who has paid the taxes on the property since then? (non payment of taxes allows it to escheat to the state) All these questions are relevant. However if your father's estate still owns the property, then all you have to do its to probate his estate or potentially re-open his probate. The same heirs who got his estate originally (or their heirs) will stand inline to inherit. I recently had to look back almost 75 YEARS to the 1930s to trace ownership of some property interests through 4-5 generations. Whatever you do, do it quickly since Michigan has some statutes of limitation that may have expired.
Answered on Jul 31st, 2013 at 10:42 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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It sounds like you need to re-open the probate of your father's estate. Depending on the value of the land, you might be able to get a title company to insure title based on an affidavit of heirship. Who has been paying property taxes all this time?
Answered on Jul 31st, 2013 at 10:42 PM
Probably you will need the help of an attorney. May have to reopen the estate or start the probate to distribute the property. Who has been paying the taxes on it?
Answered on Jul 31st, 2013 at 10:42 PM
3 Awards
Sure, your father's father's estate needs to be reopened if it has been probated or if it has not the probate needs to be opened. I urge you to seek legal counsel where the property is located to proceed. You need an experienced probate attorney. Your father's estate may need to be reopened thereafter.
Answered on Jul 31st, 2013 at 10:42 PM
Admiralty / Maritime Attorney serving Monrovia, CA
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The Law Office of Nathan Wagner
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Yes, the heirs may still have rights to the property. You should talk to a probate lawyer in your area. Among other things, you will have to do a title search to find out if his estate later sold or transferred the property
Answered on Jul 31st, 2013 at 10:42 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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I would start with the probate court in the county where your father resided. If there is an estate open, or if there WAS an estate open, then you should be able to find out more information. If there was no estate open, then your situation is much more complex.
Answered on Jul 31st, 2013 at 10:42 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Go to the court where the probate was conducted, usually a superior court in the county of death or the location of the land. Obtain the file, and take a copy to a probate lawyer to analyze and advise you of your course of action; be prepared to pay the lawyer his usual hourly rate.
Answered on Jul 31st, 2013 at 10:42 PM
Commercial Litigation Attorney serving Spokane, WA
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Steven Schneider Attorney at Law, P.S.
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Even if there was no probate the title technically passes on death. If title is still in your Dad's name, then no one has bought it, or had a bank finance a purchase, in the meantime. A lawsuit to quiet title in the names of the heirs may remove other interests. Other parties may have rights by adverse possession as well. First step is to get a title report on the property.
Answered on Jul 31st, 2013 at 10:42 PM
It is an asset of the estate that was not distributed in probate, so ;you need to file for probate now to get the title changed. Who has been paying the real property taxes all along?
Answered on Jul 31st, 2013 at 10:42 PM
Thomas Edward Gates
Since the title is still owned by the estate, you should be able to probate it. I do not know if you can petition the court to open the previous probate for the sole purpose of transferring the property or, if you have to start anew.
Answered on Jul 31st, 2013 at 10:42 PM