Heirs' property is the name given to land that is owned by a group of family members who are the descendants of the original purchaser. The deed to the land is registered in the name of a deceased family member. Usually, the property has been passed in this manner because the ancestor either did not have a will or no one probated the will. With each new generation, it is likely that family members may die without leaving wills stating who should inherit their share of the land.
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Oral Will of an Ancestor: "I worked hard to pay for this land and I want it to be here forever to be used by all of you children, your children and your children's children. I never want this land to be sold or divided. Bessie Mae, your family has the piece by the big oak tree, John, Jr., your family has the piece by the creek, and Tom, your family has the piece by Mr. George's house."
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All family members own the land as "tenants in common." Being a "tenant in common" gives each family member undivided property rights. However, the law does not determine how responsibility for the land should be divided. When a family member dies, ownership of the land passes down to any living children and/or living spouse or reverts back to the family group. The amount of land each heir owns depends on the number of children in each generation.
Oftentimes, it is thought that this form of ownership known as heirs' property is the best way to own and keep family land. However, this form of ownership makes the property most vulnerable to be lost by the family. Any person who inherits or purchases an interest in the property can force a sale of the land.
In order to protect this vulnerable gift of land your ancestor left, you will need to know all of the other heirs, making sure the property taxes are paid and have a plan for handling your property after death.
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