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 passed to each new generation through the State’s intestate laws. With each new generation, it is likely that family members may die without leaving wills stating who should inherit their share of the land.

All family members own the land (or the pie) as “tenants in common.” Being a “tenant in common” gives each family member equal property rights. However, the law does not determine how responsibility for the land should be divided (or how the pie is sliced). When a family member dies, ownership of the land passes down to any living children or reverts back to the family group. The amount of land each heir owns depends on the number of children in each generation.

The Center provides educational, legal and mediation services to heirs’ property owners to help them protect and preserve their heritage and valuable asset.

Coming for an interview/what you will need

• Proof of Identification
• All documents pertaining to the property (plats, deeds, will, receipts, surveyor’s documents, etc)
• Any and all information pertaining to persons whose name appears on the title (birth certificates, death certificate, marriage certificates, divorce decrees, wills, etc.)

All of the above is required to determine direct heirs and heirs’ interest in the property.

10 Frequently Asked Questions

• What does the Center do?
  

• Can you help with my heirs’ property problem 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.

• I would like to hire an attorney to resolve my heirs’ property issue, how much do you charge? How long will the process take?
  Service eligibility is based upon income and resources, person seeking services must meet established guidelines. Proof/verification of income will be requested. The Center has developed typical processing timetables, each case is different and variables within every family differ.

• How much will it cost to help resolve my heirs’ property issue?
  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.

• I want to partition heir’s property which I intend to sell; I need an attorney to assist with the process.
  The Center’s mission is preservation of heirs’ property while also promoting and ensuring equitable growth. With this mission in mind, the Center would not represent a client whose intent is the sale of heir’s property; we would however identify a panel of attorneys who are familiar with heirs’ property law.

• I am being evicted and need an attorney.
  The Center’s primary prerequisites are that the applicant/client reside on or own heirs’ property in either of our five service areas.

• I am not familiar with the whereabouts or names of relatives, how important is the family tree?
  Developing a chart depicting 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 impending actions.

• My family owns heirs’ property but we are not sure that having clear titles and deeds will benefit us.
  The Center’s Attorneys, on a case by case basis, will schedule Advice and Consultation sessions for persons who are in need of answers to their heirs’ property questions. These services are also available in the form of our Heirs’ Property 101 Seminar, an outreach educational initiative which we offer to the community free of charge.