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My grandfather received a parcel of land, in Northern

My grandfather received a...

My grandfather received a parcel of land, in Northern Ontario, from the King of England in the late 19th century. He died intestate in 1915 leaving 8 children. This land was never probated. The land is still in grandfather's name. There are now many potential heirs. How can the title to this land be cleared up and put into a viable ownership?

Lawyer's Assistant: Where is the property located?

Timmins, Ontario

Lawyer's Assistant: Has any paperwork been filed?

NO

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I can't think of anything at present. I guess they will have to ask me.

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Answered in 20 minutes by:
11/16/2017
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 105,480
Experience: Lawyer
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Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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Did your grandfather have a Will?

If not did anyone apply to administer his estate?

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Customer reply replied 8 months ago
No Will. The Estate was probated in 1915, by the surrogate court of Kent county, at the request of 2 of the siblings. But the land grant was not listed among the asset of the estate, and so was not distributed with the other items. It may be that this was not known to the children at that time.

When these siblings died do you know who administered their estates?

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Customer reply replied 8 months ago
All eight siblings are deceased. Each estate was administered separately. There are relatives in Canada and the US. I have been paying taxes on the land for 25 years. To my knowledge no estate included this property because it is not "owned" by anyone. It is still in my grandfather's name.

The executors/administrators of the two siblings the applied to administer the estate are the ones who must act.

They can do what the two siblings could have done.

They will have to use the authority of these two deceased siblings to transfer title to whomever inherited the property (if there was no spouse then the children of your grandfather would have all inherited the property. Then once the property is in the name of the children, their executors of their estates would have to transfer title to whomever inherited from them.

Then what that is done the true current owners will be on title.

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

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Customer reply replied 8 months ago
There are no administrators remaining all are deceased. Can any of the potential heirs apply to the court (I assume that would be the Surrogate court of Kent County)? That might be 3rd or 4th generation from Grandfather, me, my generation, or my children, and their cousins?

You have to go down the list essentially. If all those administrators are deceased then go to their administrators.

You would go to the court where the file was originally opened.

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Customer reply replied 8 months ago
Can you define "administrator"? Is that a lawyer, or just anyone who handled the estate? i.e. a family member?

It is the person who applied to be the administrator of the estate. It is the person(s) the court appointed.

Debra
Debra, Lawyer
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Customer reply replied 8 months ago
OK, Thanks.
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