Legal Work
Explore how the Center for Heirs’ Property® provides free and low-cost legal services to help families resolve heirs’ property issues and protect their land and legacy.
Legal Support to Protect What’s Yours
Understanding and securing ownership of family land can be complex – but you don’t have to navigate it alone. At the Center for Heirs’ Property®, we offer free and low-cost legal services to help you clear titles, resolve heirs’ property issues, and safeguard your family’s legacy. Our legal team is here to empower you with knowledge, support, and the tools to protect what rightfully belongs to you.
Helpful Terminology
Heir
Heir
An individual who is legally entitled to inherit some or all of the estate of another.
Intestate
Intestate
An individual who has died without a will.
Estate
Estate
The assets and liabilities left behind by a person at their death.
Heirs’ Property
Heirs’ Property
Property that is jointly owned by heirs of a deceased person whose estate has not been probated.
Probate
Probate
The legal process whereby the property of a deceased individual is transferred to living individuals.
Our Legal Services
We offer legal education and direct legal services to help families reach an agreement and to resolve titles to family land and probate estates.
1. Deed Consolidation
We help families who’ve inherited land together, where several relatives share ownership, to simplify the deed. If some heirs don’t want to keep their share, they can transfer it to a family member who does, making it easier to manage the land.
2. Probate
We assist families of a deceased individual in transferring property to the living relatives legally. This must be done within 10 years of death, with the transfers happening according to the decedent’s will or State Intestacy Laws.
3. Petition to Determine Heirs' Action
This is filed with the Probate court when more than 10 years have passed since a property owner has died. This action helps recognize the heirs of the decedent.
4. Quiet Title Action
This assists families by determining the current ownership, the interests, and the boundaries of real property.
5. Family Presentations
If there is a family disagreement over heirs’ property, we provide mediation for families to legally resolve the issue. Mediation helps the family clearly understand the issue and what needs to be done with the property.
6. Estate Planning
We assist families with estate planning in three forms:
Will Probate
A will ensures that your real and personal property is distributed according to your desires after your death. We assist in the probate of a will to ensure it’s legal.
Durable Power of Attorney
This is a person of your choosing who has the authority to make financial decisions on your behalf. This remains in effect until the person who grants it dies or revokes it.
Healthcare Power of Attorney
This is a person of your choosing who has the authority to make medical decisions per your directive if you cannot make the decisions for yourself.
Legal Issues We Can Address
We are ready to assist you with heirs’ property rights in the following ways:
- Obtaining a new deed to a family property.
- Transferring your share of property to someone else in the family.
- Planning for future generations
Do You Qualify?
We can help with your heirs’ property concerns if the following criteria apply to you:
- You want to keep the family land, not sell it.
- You meet our federal income guidelines.
- You commit to creating an accurate family tree.
- You own heirs’ property within our county service areas.
Our County Service Areas
Texas
Angelina, Houston, Jasper, Nacogdoches, Newton, Polk, Sabins, San Augustine, San Jacinto, Shelby, Trinity and Tyler.
South Carolina
Aiken, Allendale, Anderson, Bamberg, Barnwell, Beaufort, Berkeley, Calhoun, Charleston, Chesterfield, Clarendon, Colleton, Darlington, Dillon, Dorchester, Fairfield, Florence, Hampton, Horry, Georgetown, Jasper, Kershaw, Lee, Lexington, Marion, Marlboro, Orangeburg, Richland, Spartanburg, Sumter and Williamsburg.
Legal FAQs on Heirs’ Property
Who is not considered an heir?
Divorced spouses, children who were raised but not legally adopted, and non-family members.
What does “resolving a title” mean and why is it important?
It means legally removing a deceased person’s name from the property deed and adding the rightful living heirs. A resolved title allows you to get a mortgage, start a business, or apply for home repair grants.
Does my entire family have to agree on what to do with the land?
Yes. Without full family agreement, we cannot proceed. A disagreement in court could lead to the property being ordered for sale. We offer custom presentations to help families reach a consensus.
Can I get legal advice over the phone?
Yes. We offer intake appointments in person, by Zoom, or over the phone – depending on what works best for your situation.
How much does your service cost?
If you qualify, attorney fees are free. However, some services, like wills and advance directives, may have a small cost, unless you are 80 or older. For those 80 and above, all estate planning documents are provided at no charge.
How long does it take to resolve a title?
It varies by case – some take six months, others several years.
I want to sell my family’s land. Can you help?
No. We don’t handle land sales because our focus is on helping families keep their land. However, we can give you a list of attorneys who can help with selling.
I don’t know all my relatives. How important is the family tree?
Very important. Everyone with a legal interest must be identified and notified. We don’t currently help clients build their family tree, but we do have resources and partner organizations that can support you with more in-depth research.
Some family members want to resolve the title, others don’t. What can we do?
We offer customized family presentations to explain the process and help everyone understand the options, so your family can make informed decisions together.
Want to Know More?
If you want assistance with heirs’ property rights, then contact us for a FREE one-hour legal consultation with an attorney, regardless of whether you qualify or not.
During this consultation, an attorney will assess your situation from an heirs’ property law perspective and let you know if/how we can help!