Legal Question in Real Estate Law in West Virginia
Property Deed
My question is regarding a property that my family owns in WV. This property was left to my grandmother and her siblings from there parents. On the deed it list all of the childrens names. One of the siblings has passed on and they did not leave anything in there will regarding there portion of the property. What do we have to do before she can sell the property? Also, is there a law regarding if someone pays taxes and takes care of a property for so many years that they are titled to it?
Thanks for your time and help!
Kelly
1 Answer from Attorneys
Re: Property Deed
When a person dies, every interest, even fractional interests in real estate vests in the heirs. It could be through a will or by intestate succession. In all events, it does vest, and is only subject sale for debts by the personal representative. In order to convey that interest, which may be conveyed separately or together with the entirety, one must identify the heirs and secure a signature on the deed. Any real estate lawyer will be able to give specific advice and handle the transfer. Tom Zimmerman