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Winston Mortain
Winston Mortain, Lawyer.
Category: Legal
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Experience:  27 years practice of law
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Heir property in Mississippi My mother lives on ...

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Heir property in Mississippi:   My mother lives on heir property in which she has been maintaining and paying the taxes for over 10 years. She maintains about 5+ acres,which is on 12+ acres of land. There is another 7+ acres of land that is forest and not maintained. There are 8(children) remaining heirs to this land. I would like to get a deed for her part of this heir property ( about 2+ acres ). Purchase 2+ acres from another family member which has already agreed to sell me there part. Could you tell what my next move is and must I get the land surveryors to partiton all the land or just the part she in using. She pays the taxes on all the land with my help.
Submitted: 7 years ago.
Category: Legal
Expert:  Winston Mortain replied 7 years ago.

Can you tell me please what you mean by "heir property"?

I suspect that you mean that your mother, her brothers &/or sisters were heirs to someone who died and that the estate was not ever probated, but before I try to answer this I want to be sure I understand.

Customer: replied 7 years ago.
Yes that is the case
Expert:  Winston Mortain replied 7 years ago.

Ok. She may already "own" the land by what is called "adverse possession", but you want a deed to prove it.

One thing you could do would be to petition the court to probate the estate and order a survey and partition. This is probably the best way to be sure you have all heirs involved, and therefor that your mother ends up with clear title.

A less attractive option would be to try to get deeds from everyone who may have an intererest in the property. The problem with this option is that a purchaser down the road might not be interested, claiming that without probate there might be someone with an interest who might come in later claiming an interest.

What you are proposing doing may constitute a "subdivision" of the land, which may require governmental (county probably) approval. If you do this, you may need to have it surveyed. In any event, you will want a survey of the land that belongs to your mother, for an accurate legal description in the deed.

Apparently, the land comprises about 12 acres in total. She has been maintaining about 5 acres, but you only want 2 acres. Why is that?

Customer: replied 7 years ago.
The total amount of acres is about 19 (12+7)   more or less. She lives on the 12 acre part. There are 8 heirs I was thinking that she only has rights to her share of 2+ acres. What I really want is what she has been maintining.
Expert:  Winston Mortain replied 7 years ago.
She is entitled to what she has been maintaining (by "adverse possession").
Winston Mortain, Lawyer.
Category: Legal
Satisfied Customers: 665
Experience: 27 years practice of law
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