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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 111448
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
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Heir land in SC. Taxes are current on the land. Land

Customer Question

Heir land in SC. Taxes are current on the land. Land purchased in 1909 and passed down without benefit of written documentation since that time. Last owner of record in county records died in 1973 in another state let's call her RD for discussion). The father of RD purchased the land. She died without children to my knowledge and it is unknown if she left a will. The only surviving sibling of RD is my step grandmother.She died in 1979, and it is unknown if she had a will. Her children are AM and HCL. AM had no children and pass away more than 10 years ago without a will. HCL and my mother had a son DVL who died over 10 years ago, leaving a wife and three children. My step father (HCL), died in 2016 without a will or obtaining documents identifying him as the "owner" of the land, despite the fact he built a home on this property which he and my mother lived in for 20 years. My mother continues to live in this home on the property. My mother wants to retain the "heir land" for the wife/children. Questions!1 - How do I begin to document the transference of the property through the generations, for the official records in the county?2 - Potential issues with the land (and there has never been an issue from the oral history I've taken) my mother may face as this documentation process goes forward.
Submitted: 1 month ago.
Category: Estate Law
Customer: replied 1 month ago.
Tina is it? Just checking back for status.
Expert:  Law Educator, Esq. replied 29 days ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
This is not a simple issue because you have to clear the deed for your mom. In order to clear the deed, you have to go back to the last owner on the deed filed in the property records. You will have to show proof of purchases on any sales or you will have to go back and start probate on the estate of the last owner and work through that probate to the probate of the next person and so forth until you can clear the deed from any heirs who could have a claim of interest by heirship in the property. This will absolutely require a local probate law attorney to work through the title and documents (it has to be written documents under the statute of frauds for real property to be enforceable in court) and in the absence of documentation each estate will have to be probated to clear the title up to get it to your mom's name.
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Customer: replied 26 days ago.
Okay, looks like I have some serious work cut out for me. I will start with a probate lawyer since that is where the last deed owner lived most of her adult life and died there...then move forward in the same process with the next heir in line. Thank you for your educational and concise response as to the best way to handle this situation.
Expert:  Law Educator, Esq. replied 26 days ago.
Thank you for your reply.
This is going to be like a puzzle I am afraid and you have to work your way up from the last deeded owner to the present.
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Customer: replied 25 days ago.
LOL! Very, very true. The high point is I have a good family history and addresses. The lawyer I hire will have a good starting point, however long it is.
Expert:  Law Educator, Esq. replied 25 days ago.
Thank you for your reply.
Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page , as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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