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Lane
Lane, JD, CFP, MBA, CRPS
Category: Tax
Satisfied Customers: 12705
Experience:  Law Degree, specialization in Tax Law and Corporate Law, CFP and MBA, Providing Financial & Tax advice since 1986
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Can I take ownership of heir property that I pay taxes on in

Customer Question

Can I take ownership of heir property that I pay taxes on in Arkansas?
JA: Since estate law varies from place to place, can you tell me what state this is in?
Customer: Arkansas
JA: Has anything been filed or reported?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: This was my mom's property
Submitted: 2 months ago.
Category: Tax
Expert:  Lane replied 2 months ago.

Hi. My name's Lane

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I hold a law degree (J.D.), with concentration in Tax Law, Estate law & Corporate law, an MBA in finance,a BBA, and CFP & CRPS (Chartered Retirement Plans Specialist)designations, as well - I’ve been providing financial, Social Security/Medicare, estate, corporate, non-profit, and tax advice on three continents since 1986.

Bearwith me a moment and I’ll provide my initial response, and then we can go fromthere if you have further questions on this

Expert:  Lane replied 2 months ago.

Yes, if there was no will, no surviving spouse and no other children, under Arkansas' laws of intestate succession, the property goes to you.

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However, if there was no will and there are other children, then it would go to the children in equal shares (although you can work things out for yourselves)

Expert:  Lane replied 2 months ago.

Here;s a very good overview of the issue:

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http://info.legalzoom.com/arkansas-inheritance-laws-21496.html

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Now, if you pay the taxes and take care of the property for a number of years, there IS something called adverse possession.

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Adverse possession prevents the true owner from prevailing in a suit to recover his property after the claimant has adversely possessed the property for a period of years specified by statute

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Payment of taxes, and a showing that the true owner has not paid taxes are statutory requirements for adverse possession in Arkansas. Under Arkansas code § 18-11-201, one who holds color of title and pays taxes for seven years of “unimproved and unenclosed” property is deemed to be in possession.

Expert:  Lane replied 2 months ago.

Please let me know if you have ANYquestions at all, before rating me.

If this has helped, and you DON’T have otherquestions … I'd appreciate a positive rating (using the stars or faces on your screen, and then clicking “submit")

I hope that you’ll rate me based on myaccuracy and thoroughness, rather than any good news/bad news content.

That’s the only wayJustAnswer.com will compensate me for the work here.

Thanks,

Lane

Customer: replied 2 months ago.
There were 6 other children but I have been paying the taxes for over 10 years. In some states after 7 years, one can claim ownership. Is not true in Arkansas?
Expert:  Lane replied 2 months ago.

Yes, I put that in my answer ... let me paste it here again. (I'll underline the pertinent part)

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"Payment of taxes, and a showing that the true owner has not paid taxes are statutory requirements for adverse possession in Arkansas. Under Arkansas code § 18-11-201, one who holds color of title and pays taxes for seven years of “unimproved and unenclosed” property is deemed to be in possession."

Customer: replied 2 months ago.
Great, how do I file for ownership
Expert:  Lane replied 2 months ago.

You'll need to petition the court. Go to the clerk of court in your county and ask what the procedure is for filing a petition for an "action to quiet title."

Expert:  Lane replied 2 months ago.

In your petition, describe the land and state the facts showing that you have a right and title to this property, and that no one is adversely possessing the property.

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If you have knowledge of any other persons who have, or claim to have, interest in the property, those persons shall be summoned as defendants in the case.

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If you cannot locate the defendant, you will need to publish a Warning Order in the newspaper.

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Once all required persons have been notified of your Action to Quiet Title, those persons will usually have thirty (30) days to respond.

Expert:  Lane replied 2 months ago.

Please let me know if you have ANY questions at all, before rating me.

If this has helped, and you DON’T have other questions … I'd appreciate a positive rating (using the stars or faces on your screen, and then clicking “submit")

I hope that you’ll rate me based on myaccuracy and thoroughness, rather than any good news/bad news content.

That’s the only way JustAnswer.com will compensate me for the work here.

Thanks,

Lane

Expert:  Lane replied 2 months ago.
Did you see my answer? ... You've done the 7 years, now you just need to to go through then process of getting the court to approve title.
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If this has helped, I'd appreciate a positive rating buy using those stars on your screen (That's the only way they'll compensate me here).
...
But if you need more, please let me know,
...
Lane