Hello. Thanks for submitting this question. You said:
I found out 2 years ago that I own 25% of several pieces of property as a heir.
A land man contacted me and told me.
Someone telling you that you have an interest in property is not enough. If you know the addresses of the properties, you have to have title searches run by a professional. That will disclose how the title is held now.
As it turns out, my aunt who was the executrix, never distributed the property to the heirs.
This is something that a title search will disclose. The title to the property that was owned by your grandfather passed to his heirs as soon as he died, whether the executrix "distributed" it or not.
I know I have to go to a lawyer and get a court order to do something.
Correct. The attorney will review the title search and advise you as to what court action you should take based on what the title search discloses. It could be a quiet title suit or a partition suit, or possibly a combination in the same action.
Should I sue the executrix for fraud?
There would be no point in suing someone 90 years old for something they did or failed to do 40 years ago.
I hope that this information is helpful. If you need further information, please just send me a reply asking for clarification. After that, I hope you will enter a positive rating so that I will be credited for assisting you. Also, be sure to verify this information with a local attorney who is familiar with your local laws and procedures. Thanks again for using this service. Your business is appreciated.