Legal Question in Real Estate Law in Virginia
Family Property
My father owns property that is still titled in his grandmother's name. There are very few relatives still alive. I would like to help him get the property titled in his name. He has been paying the property taxes for the past 10 years. If the other relatives agree to not put up a claim for the property, what is the proper procedure for getting the property deeded to my father?
2 Answers from Attorneys
Re: Family Property
You say your father "owns" the property but it isn't in his name. So the question is how does he own it ? If it were left to him by a written will then it is easy to transfer ownership. If there was no will it will be more difficult, depending on who else survived the former property owner and their relationship (familial) to that person .he estate of the former owner can deed it to him
Re: Family Property
One would have to look at whether there were any wills, who heirs were, and then determine what anyone's interest is, also taking any adverse possessions into account. If the number of possible owners is few and title is clear, the other owners could be approached to deed their interest over; otherwise, a quiet title action and sale in lieu of partition may be necessary. We handle this sort of case, so feel free to contact me.
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