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You are are free to republish it so long as you do the following: Thank you for your interest in republishing this story. Legislation that allows heirs’ property owners to access exemptions from property taxes that are available to other homeowners. Legislation that creates alternatives to the formal administration of estates when a homeowner dies without a will. Legislation that creates an easier route for heirs’ property owners to access FEMA and home repair programs by allowing for heirship affidavits, a simpler, less costly process than clearing a title through the courts.Funding to support an increase in the number of legal aid lawyers who help families clear title and make estate plans, and to support local legal education on maintaining clear title.What do advocates see as the next steps in helping heirs’ property owners?Īdvocates have supported a number of possible legislative initiatives, including: The Uniform Real Property Transfer on Death Act has been presented as a model for how such statutes can be written. The 2018 Farm Bill created a lending program that, if funded by Congress, would support local organizations providing legal assistance to heirs’ property owners.Ībout half of the states have Transfer on Death Deed statutes, which allow families to file a simple deed that automatically transfers title to real property upon the owner’s death, without having to go through probate court.
States where this has not passed include North Carolina, Mississippi, Florida, Louisiana and Tennessee. (Wayne Lawrence, special to ProPublica) What laws affect heirs’ property owners?įourteen states have passed the Uniform Partition of Heirs Property Act, which expands heirs’ rights in partition actions and can help heirs’ property owners gain access to Department of Agriculture programs. The Reels brothers grew up on waterfront land that was passed down without a will. If a partition sale is started, you may be able to receive a larger share of the proceeds. If you pay for expenses on the property, like improvements to the homes or taxes, keep track of them. Talk to a lawyer you trust about your options, like creating a family LLC or land trust. In many states, this can be done through a gift deed. Consider asking other heirs if they would be willing to transfer their interest in the property to those with the closest ties to the land. The rules of when and how an affidavit can be filed vary by state. If you inherited your property without a will or formal estate proceedings, many states allow for an affidavit of heirship to be filed in the property records to establish your ownership. Create a paper trail to prove your ownership.
You can use legal documents from the county, like birth certificates and marriage licenses, as well as family letters, obituaries, information from genealogy websites and records from family reunions. Find out the names on the deed for your land and lay out each generation of heirs that has followed. Visit your tax assessor’s office and make sure that your taxes are paid and that the address of the person responsible for coordinating bills is up to date.
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