Legal Question in Real Estate Law in Virginia
Heir Property
My Grandfather owned roughly 88 acres of land in VA. When he died, the property passed to my Grandmother. When she died the property passed to their 4 children one of which was my Father. My Father and my Aunt paid the taxes on this property yearly up until my Father died in 2002. My Aunt continues to pay the taxes on this property. Since my Father died my Brother and I were told by my Aunt that we are heirs to my Father's portion of the property. How do we go about getting a clear title to our portion of this property? Are we entitled to seel our portion of the property without consent from other family members?
2 Answers from Attorneys
Re: Heir Property
It's kind of long and complicated to try to explain in this type of forum. You should consult with a local attorney familiar with Trusts and Estates.
Re: Heir Property
Your first priority should be to determine by what authority is your Aunt pronouncing you and your brother heirs to your father's property, i.e.,is she relying on a provision in your father's will or if he died intestate(without a will) presuming that you and your brother inherited your father's share under the applicable state law governing intestate inheritance.
Once this has been determined, a local attorney knowledgeable in the areas of real property and probate law can advise you about filing the appropriate papers with the local court necessary to reflect you and your brother as the new owners of the share of the property which was previously owned by your father.
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