Can I quitdeed family prop. owned by deceased aunt w/o will

tameka_smalls · Joined: 30 Oct 2006 Posts: 1 1.22 Dollars($)

My aunt obtained heir property through quitclaim deed. She passed away and did not have a will and no heirs other than a husband, who has passed away also. I am a child of one of the heirs and would like to obtain the property. Is it possible for me to obtain this property, if so how?

Guest 0.10 Dollars($)

You can go through the records at the office of the Register of Deeds and find out if at all, your aunt has given the property to someone.

As far as I know, if a person dies without a will, he is said to have died 'intestate'. In this case, the state laws of descent and distribution determines who gets the property ownership by default. These laws differ from state to state and in most cases, the distribution is made among spouse, children and if none of them exist, then the property is distributed among other family members.

Jessica

Hi Tameka,

Since your aunt has passed away without a Will, the probate court will appoint a personal representative called an administrator. The administrator receives all claims against the estate, make payments to the creditors and then distribute the rest of the property on the basis of the distribution plan put forward by the laws of that state.

Considering the fact that you wish to inherit the property, I shall suggest that you consult a lawyer and then claim the property in front of the probate court. The court will then decide whether it can be given to you.

Regards,

Jessica.

mcole · Posted: Mon Oct 30, 2006 11:29 am Post subject:

And keep in mind, not all property or real estate is subject to probate.

As has already been suggested, contact an attorney before you do anything else.

Cool

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