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No Clear Deed


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#1 confused755

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Posted 29 November 2012 - 05:38 PM

My Aunt passed away Nov. 2012 without a clear deed to her house and land.

She has 4 living siblings who are trying to sell the land my Grandparents lived on(Before her death) )her land and house were a part of the original farm.
Since she had no clear deed, does it get absorbed back into the property of grandparents? Also, what does the law say about who gets her house and belongings. Does it become a State matter because of the unclear deed?

My Mother has been paying the taxes on the land ( 25 acres ) for about 15 years

#2 harrylime

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Posted 29 November 2012 - 06:30 PM

What do you mean by not having a "clear deed?" Legally, who owns the property? Your grandparents? (And, while at it, what state are you referring to?)

#3 confused755

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Posted 30 November 2012 - 10:55 AM

What do you mean by not having a "clear deed?" Legally, who owns the property? Your grandparents? (And, while at it, what state are you referring to?)


The property is in West Va. While my grandmother was alive my Aunt wanted a share of the property. Papers were drawn up and each of the siblings had to sign in order for my Aunt to receive the property. The reason for this is because my Grandmothers name was not on the deed to the land and the lawyer said all siblings had to agree to give her the land she wanted.

She had 6 siblings and not all agreed to give her the land. So she doesn't have a legal deed.

Since my grandmother passed away in 1996, my Mother has been paying the taxes on the land. My guess is the surviving siblings own the land.

#4 confused755

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Posted 30 November 2012 - 10:58 AM

The property is in West Va. While my grandmother was alive my Aunt wanted a share of the property. Papers were drawn up and each of the siblings had to sign in order for my Aunt to receive the property. The reason for this is because my Grandmothers name was not on the deed to the land and the lawyer said all siblings had to agree to give her the land she wanted.

She had 6 siblings and not all agreed to give her the land. So she doesn't have a legal deed.

Since my grandmother passed away in 1996, my Mother has been paying the taxes on the land. My guess is the surviving siblings own the land.

Another parcel of the land is occupied by my Uncles Widow and we were told that his widow doesnt own the land either because no one signed papers allowing them to bbuild or occupy the land.

#5 Fallen

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Posted 30 November 2012 - 01:02 PM

Please note there is an option to edit a post (vs. adding new ones).

Your mom having paid the taxes on the land for however long isn't relevant in terms of ownership rights.

You talk about different parcels, but that doesn't tell us that they're all part of the same legal property/once piece or whether it was ever subdivided.

"While my grandmother was alive my Aunt wanted a share of the property. Papers were drawn up and each of the siblings had to sign in order for my Aunt to receive the property. The reason for this is because my Grandmothers name was not on the deed to the land and the lawyer said all siblings had to agree to give her the land she wanted."

All we can surmise from this is that the land was in a (dead) grandfather's name and no one bothered to address probate of his estate. Note that if he didn't leave a will, and all his kids were his wife/granny's kids as well AND granny had no other kids, she'd be entitled to his entire estate (in other words, she'd be owner of the land and she'd be the one to decide who gets any or all of it). If all g-father's kids were hers BUT she had one or more other kids that weren't his, she'd be entitled to 3/5s of his estate. If any of his kids weren't hers, she'd be entitled to half.)

"She had 6 siblings and not all agreed to give her the land. So she doesn't have a legal deed."

Technically speaking, it may be true that only the aunt's mom/your granny had to sign over part of her ownership interest in the property to this daughter, and we presume she never did that.

"My guess is the surviving siblings own the land."

We can't know what's what based on what you've posted, but if this land is in your grandfather's name, you can presume that descendants of any dead kids of his are heirs at law with an interest in this property ... not just surviving kids. (You also don't say whether this aunt had any kids.)

Who gets the aunt's "belongings" has nothing to do with her not having a "clear deed" to any real estate. (No, the "State" wouldn't be her heir even if she doesn't have a spouse and never had kids; her siblings would be her heirs.)

At any rate, this is something someone needs to discuss with a local estate-probate attorney; it won't be resolved by strangers online based on info posted.

I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics.  If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable.  Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.  :)


#6 FindLaw_Amir

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Posted 30 November 2012 - 02:40 PM

I agree with the previous poster, this is a matter you may wish to consult with a local West Virginia Probate & Estate Administration Lawyer to address.
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#7 pg1067

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Posted 03 December 2012 - 09:41 PM

Your response to "harrylime's" question tell me that you have no real clue who owns the property. But, just because you don't know who the owner is doens't mean that there is "no clear deed" or that there is even a legitimate question about who owns the property. Needless to say, the way to determine who owns the property is to examine the local land title records. Whoever is interested in the property should contact a local real estate attorney and/or a local title company to request such a search.




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