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Frequently Asked Questions

My grandmother owed her house when she passed about twenty years ago with no Will but no probate case was ever done. My aunt is living there and paying the property taxes. Is that permitted?

This is a situation that some people call “heir property.”  Persons believe the ”family” owns property such as this but no probate is ever done and as long as the property taxes are paid, everything seems fine.  But it is not because no one is actually “in charge” and likely anyone can live there.  There is no such thing as “heir property.” Instead the title is simply in the estate’s name.   If the home is ever to be sold, a probate case likely needs to be opened to fix the title.  Also, other family members may have rights to the property through “intestate succession” and will eventually want to use the land, or sell it.