Del Rio, TX asked in Real Estate Law for Texas

Q: Claiming ownership of land after owners (uncle and mother) have passed away.

My uncle and mother shared ownership to a property, which the 3 of us lived in together. Sadly, they both passed away and I remained living on the land. However, they didn't get around to add my name on the deed/title. How would I be able to claim ownership to the property? I still live on the land and pay the taxes. Sadly, I've looked through our saved documents and didn't find the deed/title to the property. I'm just worried someone from my uncle's side of the family (possibly his oldest son) coming over to cause me problems trying to kick me off the land and claim it for themselves.. Thank You in advance.

Related Topics:
1 Lawyer Answer

A: If your uncle and your mother left you the land, you need to probate their wills to ensure that you have clean title to the land. If there is no will, or if their wills do not leave the land to you, you likely do not own the land alone. If your uncle and/or your mom have a surviving spouse or any other descendants (including your uncle's oldest son), you likely only own a fractional interest with the other heirs at law of your uncle and mom. You will have to enter into an agreement with them to acquire their interest in the land.

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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.