Q: Who completes the Affidavit of Heirship if there is no one left alive that would have personal knowledge of the matters?
Original property owner dies some 40 years ago, and wife's name was not physically printed on the deed. Wife dies within the last two years. When settling the wife's estate, property was not to be found a part of her estate, but remains in father's estate. Now, it is assumed that wife automatically assumes ownership upon the death of John Doe via the latin term "Et Ux" meaning and wife, but the deed was never transferred to her legally. Heirs attempt to obtain ownership of the property, but has to settle John Doe's estate in order to release the property to the heirs. Discovery of filing an affidavit of heirship to transfer property to heirs, but affidavit has to be completed by someone who is a disinterested party in the heir property and must have personal knowledge of the matters, but everyone who would have knowledge of John Doe or had a relationship with John Doe is deceased as well. How are the heirs supposed to proceed from this point?
A: Perhaps a search of birth and death records? Maybe a neighbor or some distant kin? However, if there is truly no one who is willing to sign, there is a kind of lawsuit to "quiet title." This is obviously more expensive, but getting a court order confirming the ownership is the only other way if heirship can't be independently confirmed.
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