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Tina
Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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There were 5 heirs who each inherited an individual piece of

Customer Question

There were 5 heirs who each inherited an individual piece of property from their grandfather's estate. There was a missing heir a generation ago, but nothing was done to clear the title(s) on the properties. Now 4 of the heirs have done a quiet title and their 2 year waiting period is over. The 5th heir sold his property to his wife's brother and the brother never did a quiet title on the property. It has come to light that the missing heir had some stocks in his name and the family would need to get a Judgment of Heirship to apply/ claim these stocks.
Question: Will the process of getting this Heirship Judgment have any repercussions on the quiet title properties and will it affect the one property / owner who failed to get a quiet title?
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  Attyadvisor replied 6 months ago.

Welcome and thank you for your question. I will be the professional that will be assisting you.

Expert:  Attyadvisor replied 6 months ago.

Which heir was not part of the quiet title? "The 5th heir sold his property to his wife's brother and the brother never did a quiet title on the property." Is this referring to the 5th/missing heir?

Was the missing heir named in the quiet title action?

Customer: replied 6 months ago.
No, the 5th heir was not the missing heir. The missing heir was named in the quiet title action, but heir #5 didn't bother to do the quiet title because he figured that he'd only need a quiet title if he were going to sell the property or get a bank loan to build a barn on it. He was not planning to do either of these.
Expert:  Attyadvisor replied 6 months ago.

So 4 of the 5 heirs brought a quiet title action that the 5th was named in but did not participate. Was there a court ruling on he quiet title? Did the 5th object?

When you stated "The 5th heir sold his property to his wife's brother and the brother never did a quiet title on the property." Did they sell their right in this particular piece of property to the wife's brother? Did brother-in law receive a deed? Was a deed recorded.

Can you attach any documents?

In other words what does the title look like today? Have you performed a chain of title search?

Back to the "missing heir" was that heir named in the quiet title? Was notice provided to that person personally or if not was notice published?

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