Real Estate Law
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Hello. My name is***** am an attorney. I will review your question. I may need to clarify facts first. I will answer & we can discuss issues.
To transfer the deed to the rightful owner now, estate proceedings may be necessary starting from the deceased. If the deceased had no will, her heirs would get it. If she had children, then the children would get it equally. I am not sure if this is your dad's family or mother's family. And I am not sure how your parents are related to the person who's name is ***** ***** deed. Basically, a family tree would be necessary, starting with the decedent, and the property would pass down each generation. So there may be many people owning the home by now. Also, regarding to your dad's mother passing, her estate would have to be administered. We can continue to discuss.
Possibly, there could be no adverse possession claim although not clear cut. If the deed was in her name and she had no children, it would go to her heirs. Your dad is not her heir. Possibly there can be an adverse possession claim since none of her heirs have ever attempting to claim the property. So, yes, it possibly could be an adverse possession situation in this case.
You would have to file an adverse possession claim. The difficulty may be in finding her heirs to serve papers.
As for your grandmother's home and land, if you dad is the only heir, then it would pass automatically to him. He could become the personal representative of her estate to execute a deed to himself.
Yes. Your Grandmother's home and land would pass to the heirs equally if there was no will. So, your dad and his siblings would share; and if the sister died after your Grandmother, her kids would get her shares. If you want to discuss further please let me know.
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