New York, NY asked in Estate Planning, Real Estate Law and Land Use & Zoning for Virginia

Q: Heir property that was given by non-family member that did not own rights to the land how can you have them removed

Great-grandfather's second wife added her kids to the heir list of his land when he left the land to his biological children not to her. None of his kids have her permission to do so. But this occurred in a small town where everybody knows everybody and they really don't check anything even today somebody can walk in there and say whatever they want and they can be given information given Deeds given titles all because someone knows you or that person

1 Lawyer Answer
Richard Sternberg
Richard Sternberg
Answered
  • Estate Planning Lawyer
  • Potomac, MD
  • Licensed in Virginia

A: I’ve handled a bunch of three, and they are fun cases, but that’s from the lawyers’ perspective. First, there is no such thing as “heir property.” The term is a byproduct of the Jim Criw South and a pun on the word “air” indicating that title is “in the air. Correcting it is a skill-intensive mess quieting title lost in generations of relying upon operation of law. The correct petition is either a Complaint to Quiet Title or a Declaratory Judgment, and the legal work usually needs to be financed by a prospective developer by selling the property after clearing title. The longer you wait to fix it, the more expensive it will get, and, frequently, the problem is so expensive that the heirs give up and lose. But, occasionally you might get a discount from an experienced real estate lawyer, because the cases are fun and getting rare.

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