What is involved in "clearing" title and how does it benefit me?
The definition of "clearing" title is having the name of the deceased person removed from the deed of the property by legal measures and replaced with the names of the identified heirs of that deceased person. There are three ways the title can be cleared-quiet title action, probate the estate, and determination of heirs. Having the titled "cleared" to your family's heirs' property will allow you to tap into the "wealth" or "equity" that is held in your land; thereby, you can obtain a mortgage to build a new home or make repairs to your current home, access grant funds to have repairs done on your home, etc. Call the Center to schedule an appointment.
Does the entire family have to agree?
The Center's mission is to serve, support and preserve heirs' property in the family name. We do need for there to be a family agreement if we want to take the case to Court. The Center will not risk taking an heir's case to court without a family agreement because we will not risk the Court ordering the property sold. The Center can offer to help bring about a family agreement through our Heirs' Property Seminar 101 and/or our Family Presentations, or by referring the family to Mediation. Call the Center to schedule a Family Presentation.
Can you help with my heirs' property issue over the phone?
Heirs' property cases are document rich, for this reason face-to-face meetings are required to ensure that all relevant information is obtained and reviewed with the appropriate family members/clients. Call the Center to schedule an appointment.
How much will it cost me for the Center to help me resolve my heirs' property issue?
Service eligibility is based upon income and resources, person seeking services must meet established guidelines. Proof/verification of income will be requested. If an applicant is accepted, they will be expected to sign a retainer fee agreement. This agreement identifies possible court filing and processing fees associated with resolving the client's property issue. The Center does not charge or collect attorney fees.
How long will the process take for me to obtain "clear" title?
The Center has developed typical processing timetables, each case is different and variables within every family differ.
I want to sell my family's land and I need an attorney to help me with the process. Can the Center help me with this?
The Center's mission of serving, supporting and empowering heirs' property owners, specifically those who want to keep their land, and their communities. With this mission in mind, the Center would not represent a client whose intent is the sale of heir's property; we would, however, provide you with a list of attorneys who are familiar with heirs' property law.
I am not familiar with the whereabouts or names of relatives, how important is the family tree?
Developing a chart showing ancestors and descendents is a critical component in the heirs' property case processing. All parties who have interest in the property in question must be accounted for and notified of upcoming actions. Check out our listing of educational resources.
I, and several members of my family, want to clear title to our heirs' property but we have some family members who don't believe it is necessary. How can the Center help us with this?
The Center can work with family members who want to clear title to the property by way of providing a Family Presentation to the family members who may not understand the law related to the heirs' property form of ownership. This "Family Presentation" is similar to our Heirs' Property 101 Seminar but is made specific to a particular family and provides information and answers to any questions or concerns any of the family members may have. Call the Center to schedule a Family Presentation.
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