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How Heirs’ Property Owners Can Protect Their Land and Pass Clear Title

Aug 08, 2019

Heirs’ property is land that has been passed down informally from one generation to the next. When parents die without a will, property ownership is split equally by all tenants-in-common, regardless of whether they pay the taxes, live on the land, or have ever set foot on it.

Heirs’ property owners typically believe that their land will pass on to their next of kin. However, that assumption and dying without a will (or intestate) can leave owners and the next generation vulnerable to property loss. 

In order to ensure your clients are protected, trust the public record search experts at All American Document Services (AADS). 

Potential Consequences and Risk of Heirs’ Property

Without clear ownership, heirs’ property owners risk the loss of the estate. If the court needs to divide properties or sell shares, it may result in the family being forced to sell the entire plot. AADS is positioned to help clients streamline real estate closings, increase legal compliance, and expedite document delivery.

What Laws Affect Heirs’ Property Owners?

Fourteen states have passed the Uniform Partition of Heirs Property Act, which expands heirs’ rights in partition. Unfortunately, North Carolina, Florida, and the majority of states have not passed this act. It is more important than ever for owners to protect their lands, and we can help with a variety of property search packages. 

What Can Heirs’ Property Owners Do to Protect Their Land?

At AADS, we’ll help you or your clients secure all property information. With our comprehensive knowledge of legal and real estate industries, we’ll be able to help protect your land within a quick time frame. We research and retrieve the necessary documents that relate to your property’s status, whether that’s ownership, liens, or otherwise. 

Create a Paper Trail to Prove Ownership

If you’ve inherited your property without formal estate proceedings, we’ll help you file an affidavit of heirship with property records to establish your ownership. 

Write a Will for Clear Title

Create a will or prepare a transfer-on-death deed to pass on a clear title to your family. Detailing the rights of heirship and leaving your ownership to the dependents of your choice will solidify land titles.

Pay Your Property Taxes

Ensure that all of your taxes are paid and that the address of the persons responsible for coordinating bills is up to date. If you pay for expenses on the property, such as home improvements, create a paper trail for them.

Consolidate and Manage Ownership

Use the names on the deed of your land to start a family tree of heirs. Legal documents from the county, like birth certificates and marriage licenses, can help you record all generations of legal heirs of the property.

Once you have a family tree of heirs, consider asking if they’d be willing to transfer their interest in the property to those with the closest ties to the land. AADS can help with gift deeds, family LLCs, land trusts, and more.

Choose All American Document Services to Clear Up Property Ownership

Our professionals at All American Document Services can help you and your clients find a variety of critical property records. We’ll scan thousands of documents for you, helping you find title documents, lien information, and related property data. Our team has a comprehensive background in legal and real estate industries, assisting clients in North Carolina, Florida, and Georgia. 

Experience a quicker turnaround time, smoother delivery, and superior customer care with the AADS Advantage. Place your order today.

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