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Irwin Law
Irwin Law, Attorney
Category: Estate Law
Satisfied Customers: 7408
Experience:  30+ yrs. handling probate estate, wills, trust, inheritance & real estate related matters
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what is the process to get my share of estate property? My

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what is the process to get my share of estate property?
My grandfather died 40 years ago.
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.
As it turns out, my aunt who was the executrix, never distributed the property to the heirs.
She is not in her 90's and not responding to anyone.
She is living with her daughter, and he daughter is trying to keep the property.
I know I have to go to a lawyer and get a court order to do something.
But I know she will not respond.
can I force a sale of the property?
Or how do I get control of my share of the property?
Should I sue the executrix for fraud?

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.

 

Customer: replied 3 years ago.

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.

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.

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