Q: My father owns property with Et Al attached to it, but all others are deceased…isn’t he 100% owner?
Guy owns lots of land around it and offered to buy 31%(what he thought was my dad’s part), but shouldn’t it be 100% since all others have been deceased for years? Lot appraised at just under $10,000…he bought lot next to it for $14,000…if he owns 100%…I’m thinking my dad should get more if guy offered 10 grand for just his supposed 31%???…There are no descendants of those “others”….I’m the only child of my dad…the current owner…my aunts and uncles(others) didn’t have children except for one aunt-her son passed away in 1991/1992
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A: You will need to hire an OH attorney to at least read the Deed, if not also search the Title. If no survivorship is involved in the exact Estate created, then the attorney will need to determine heirship. Possibly an Affidavit of Heirship will need to be executed and recorded. With a alot of possible tenants in common, heirship could be very complicated. Hopefully taxes are not also a problem.
A: Yes he is, however if the property has not been probated or at least had certificates of transfers (along with the death certificates of the predeceased co- owners) filed, then no one in the general public can be aware of this change in ownership. This should be done to create a clean title to the property. Contact an attorney in the county where the property is, who regularly practices real estate law. This is not a big challenge but one that should be addressed.
Peter J. Weinman agrees with this answer
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