Estate Law Questions? Ask an Estate Lawyer.
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.
the property is still in my grandfathers name, will the court just authorize the necessary court documents to have it put in the heirs names, so I would end up owning 25% of the property?
Then is there a way I could buy the other heirs out to have control?
Eventually yes, but the process will be quite complicated and probably very expensive, depending on the nature of the property, market values and legal opposition that you might run into from other heirs. There is always a possibility of negotiating a buy out of other heirs.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).