Legal Question in Real Estate Law in Maryland

Heir Land

This is the headache and I'm hoping someone can help.

My Mother and her siblings have been paying taxes for almost 10 years on my Grandparents property and 2 extra family lots which no one outside of my Mother and her siblings has bothered to help with. The previous 20 years the taxes were paid by my Grandfather.

The two other pieces were never deeded or willed to anyone they were just used as an extention of my Grandparents house. In fact one is still in my Great Great Grandfathers name and the other one is in my Great Grandfathers brother name. At this point its just ''Heirs Land''. There the only one's paying the taxes, Are they able to put a house on any of the other two lots? Is there a way for them to gain ownership of the lots?


Asked on 5/09/04, 5:53 am

3 Answers from Attorneys

Robert Sher Wagshal and Sher

Re: Heir Land

When the owner of real estate dies, his heirs acquire ownership. This is either by way of a will, or if the owner didn't write a will, by the laws of the state where the person lived when he died. Generally speaking, a spouse and/or children, if any exist, would inherit under the state laws. If an estate was opened for your great great grandfather when he died, that would have resulted in his land being left to his legal heirs, even though no one apparently executed a new deed naming those heirs. The same is true for your great great uncle and your grandparents.

If you want to get these issues cleared up, you need to consult an attorney who handles estate matters. The attorney can investigate and determine the legal status of ownership of each parcel, and eventually deeds can be executed so that the persons currently entitled to own and use these properties can be given deeds.

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Answered on 5/10/04, 11:36 am
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Heir Land

Your mother should arrange to consult with an attorney knowledgeable in real property and probate law in the area where the lots are located. This person will be able to examine the state of the title of all the lots and determine what actions are needed in order to establish undisputed ownership of the properties among your mother and her siblings.

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Answered on 5/09/04, 11:26 am
Alton Drew Alton Drew, LLC

Re: Heir Land

To give you an answer that will get you going in the right direction, it would help to know which state the property is located in. (Virginia or Maryland). Since it appears that your grandfathers did not cerate a will in order to pass on these two lots, the statutes of descent and distribution of the pertinent state (the state where the property is located) will control the issue.

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Answered on 5/10/04, 12:52 am


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