Legal Question in Real Estate Law in Mississippi

Heir land, sole tax payer

There are only two siblings left from my grandparents union, my mother has been paying all the taxes on the land in mississippi, as well as payed the family home off. She moved to the family home in 1998, and payed the remaining mortage,as well as all the taxes on the surronding land. My mother is the only one payign for the last 20 years. How many years before a sole survivor can have the deed in her name she she is/has been the only caregiver of the land for over 20 years.

Asked on 4/07/08, 7:44 am

1 Answer from Attorneys

J. Norman Stark J. Norman Stark , Attorney, Architect

Re: Heir land, sole tax payer

Dear Concerned: Since you have not indicated there is any Last Will and Testament, leaving the property to your Mother, it may be necessary to bring an action (lawsuit) in the Probate Court where the property is situated, seeking a Declaratory Judgment transferring the property to your Mother. She must be able to demonstrate, from cancelled checks and other official records, that she has paid the mortgage, taxes and maintenance for years, and is therefore entitled to become the titled owner of the property.

CAUTION: If your Your Mother is successful, she should immediately provide for disposition of the property to her child or children, either by Will, Transfer on Death Deed, or other documentation, in order to avoid the lack of such intent from your Grandparents.

Title to land must pass by intent, clearly expressed in writing, by a Will, or deed, or other form of acceptable conveyance, of record.

Consult an experienced Attorney ASAP to assist and guide you.

Good luck!

Sincerely, J. Norman Stark, Cleveland, Ohio.

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Answered on 4/07/08, 8:04 am

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