Legal Question in Real Estate Law in Massachusetts

Hello, I have a legal problem with what amounts to proof of geneology. It concerns a parcel of land, 14 acres, my family owns in Barnstable county, Harwich, ma. The land was given to my grandmother by her uncle, she paid the tax on it for many years, but lost the deed...I looked into this some and found that there are Y DNA tests that can help prove geneology and the relationship between certain persons in the family. But I am still unsure of how to use the test to establish the link between the giver of the deed and my grandmother. Does anyone know what precedent I might be following in the case of YDNA establishment of geneology and thus, deed ownership? I would very much appreciate the help and trust that full confidentiality will be kept in this matter. Michael

Asked on 6/29/10, 6:01 am

2 Answers from Attorneys

Alan Pransky Law Office of Alan J. Pransky

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When it comes to interests in real estate only legal heredity counts. While DNA may show that someone else may be an heir of an estate, the real estate records are based on interests of record. DNA is not of record. If someone thinks that they are a lawful heir of a deceased, they must file a claim in the appropriate probate court. If the probate court recognizes the relationship, the court will issue an order. This order can be filed to make the interest of record. In Massachusetts there is a time period for asserting a claim against an estate as a missing heir. If the claim is not asserted within this time period, I doubt that someone can be found to be an heir.

Answered on 6/29/10, 9:12 am

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