Q: How do I get title to property when a partial owner has been dead for 120 years with no heirs?
A property that has been handed down within a family and has never needed title was sold without the seller(s) being aware that one person who has owned this portion (1/9) since 1852 never passed it on to anyone.
She died in 1901. Her only surviving heir died in 1918. The last mention of her portion of the property was in 1858 when she sold only a part of it (2/3 of her 1/3, making it 2/9) to her mother and in that deed "meaning hereby to reserve for myself the other ninth of said estate for my mother, Anna, to improve as dower during her natural life...".
I was told I could file a complaint in Land Court to and would have to post in the relevant newspapers to allow someone to come forward to make a claim, but I don't know what forms are needed. Since the wonderful COVID-19 has hit, my original plan of being able to fill out such paperwork on the spot if requested isn't going to work. It has also decimated what savings I had, so a lawyer isn't in the budget.
Thank you!
A: This a complex process and you really need Land Court experienced counsel to represent you if you have a title problem. I am assuming no Owners title insurance was involved at all.
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.
