Mebane, NC asked in Real Estate Law for North Carolina

Q: 2 people own house 50/50: tenants in common. 1 passes with no heirs. If state takes back that half, how can I sell house

My tenant in common owner died with no family and no heirs. Im assuming the state took back her half of the property. What do I do if I want to sell the house but the title isn’t clear because of this?

Related Topics:
1 Lawyer Answer
Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: I recommend you start looking for the Decedent's Heirs At Law. Somewhere, somehow, there will be some. If necessary hire a private detective. Then have a competent attorney draft an Affidavit of Heirship and a Quit Claim Deed. Pay that far off Heir a small amount to execute both instruments. Adverse Possession will not be an option here, and neither is Escheat to the State either.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.