Q: What kind of property ownership is it when 10 siblings were deeded several acres of land from their now passed parents?
My grandparents deeded land to their children (10) of them when they passed. Now one of the siblings (uncle) wants to give his "part" of the land to his son.
My uncle insists that because the land is in the name of all 10 siblings that my father has to notarize paperwork for my uncle to give his (uncle's) part to his son.
Is this true? My uncle has a.. sketchy past. Also, this property is in North Carolina.
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A: If the Parents deeded the land to the Children then each probably took a 1/10th undivided interest as a tenant in common. But if they did not convey by deed, then intestate succession controls and the heirs at law took 1/10th interests as TIC, which may or may not be only the Children. Hire a competent attorney to draft an Affidavit of Heirship and a Quit Claim Deed for the Uncle to convey his interest to the Son, which will require a Notary.
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