Ownership and Inheritance When a House Owner Dies

Dealing with the death of a house owner, especially when there is no will, can be a complex and emotionally challenging process. The question arises: if the owner of a house is deceased for 20 years and family was living in the house but now deceased as well, can the granddaughter, who has been paying the property taxes, own the property? This article aims to guide the reader through the legalities and procedures involved in such a situation.

Adverse Possession: A Potential Path to Ownership

The key to understanding the potential for ownership in this scenario lies in the laws of adverse possession. Adverse possession is a legal concept where a person can acquire legal ownership of a property by occupying it without permission for a significant period of time. However, merely living in the house or paying taxes does not automatically grant ownership. Each jurisdiction has its own set of rules to determine if adverse possession can be claimed. It is imperative to consult a lawyer to understand the specific laws in your area and what steps need to be taken.

Role of a Probate Attorney

To clarify the legal situation, it is crucial to speak with a probate attorney. A probate attorney specializes in matters related to the legal process of administering a deceased person's estate. They can review the chain of title, determine if there was a will, and advise on the rightful ownership of the property. They will also be able to guide on whether the property should go through the probate process.

Oral Wills and Land Conveyance

It is important to understand that oral wills are generally not recognized in most jurisdictions, with limited exceptions for personal property. Land or buildings require a written conveyance to be legally transferred. In this case, if the deceased did not leave a written will, the property would likely pass through probate. Even if there was an oral statement, it would require witnesses to be considered valid. Therefore, the granddaughter’s payment of property taxes does not confer ownership rights.

Equitable Distribution of Estate

If the deceased did not leave a will, the property would typically go through the probate process, where the court will determine how the estate is distributed. In the case of the granddaughter being the granddaughter of the deceased and now the owner of the house, there are several factors to consider. The property, which includes the house and the land it sits on, is usually part of the estate and would be divided among the heirs. Thus, even if the granddaughter has been paying the taxes, she would not be the legal owner of the property without a proper legal claim.

Gift of Estate and Procedural Steps

When the deceased died intestate (without a will), the unpaid property taxes paid by the granddaughter are effectively a gift to the deceased’s estate. These taxes do not provide any legal claim to the property. To settle the deceased's estate, it is necessary to contact the county where the deceased lived and follow the legal procedures for estate settlement. This may involve filing probate proceedings to determine the rightful heirs and the distribution of the property.

It is crucial to seek legal advice for such matters. A specialized lawyer can guide through the complexities of the legal process, ensuring that all steps are taken correctly. You can call your county’s Lawyer Referral Service for a referral to a lawyer best suited to assist with your particular situation.

In conclusion, owning a property when the owner has died without a will is a highly legalistic process. Living in the house, paying property taxes, or even oral statements about intentions do not legally transfer ownership. Adverse possession, probate, and equitable distribution of the estate are the primary legal avenues to explore. Consulting with a qualified lawyer is essential to navigate these complex legalities successfully.