Recovering and/or Researching Heir Property

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Recovering and/or Researching Heir Property

Anastasia Jordan
Investor · Birmingham, AL · Member since 2016 · 446 posts · 305 votes

Anyone here have any experience with recovering or making a claim to their family's heir property?

I was doing some genealogy research and discovered that one of my ancestors had extensive land holdings throughout my hometown (and was always in court for some BS).  I connected with a distance cousin and all was going well and open....until I asked about the land and permission to have access to the deed records that he had copies of.  

He went slient, lol.  

This is in an area of Alabama where if I request a title search, folks will be calling my phone (and the mayor with his nosey self) asking what I'm looking for and why.  Trying to go about this without tipping off the "good ol boys".  Not that I care. My family is just so nosey.

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  • Greg ParkerBusiness Member
    Realtor, Contractor, Property Manager · Montgomery AL and Kowaliga, AL · Member since 2017 · 663 posts · 536 votes
    8y

    Good question.  My wife is in a similar situation.  The only loophole we have found is if the property taxes are not paid, you can get with the probate folks and tell them the situation and see if they will let you pay the taxes before it is auctioned and you can get some type of temporary deed.  Then after 1 or 3 years (I can't remember) you can get a clear title.  But, as in our case, someone from the family always pays the taxes last minute and keeps the property in limbo.  Please let me know what you find out. 

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  • Mark Pedroza
    Real Estate Agent · Sacramento/Placer ~ San Francisco Bay Area counties · Member since 2012 · 1k+ posts · 743 votes
    8y

    Way back when a few years ago when I found out that probate was filed against my fathers estate, the distance to drive from Sacramento county to Contra Costa county was a pain to drive.

    Through my attorney's suggestion I filed a Request for Special Notice.

    This document (when I filed) gave me notice of every court-mandated document that was filed and was mailed to my residence.

    (Notice of Probate, Order for Probate, Inventory and Appraisal, Creditors Claim, etc.,)

    Perhaps your local county probate court house has some similar notification that can be mailed to you (or e-mailed) instead of physically making the trip.. 

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    • Anastasia Jordan
      OP
      Investor · Birmingham, AL · Member since 2016 · 446 posts · 305 votes
      1y
      Quote from @Mark Pedroza:

      Way back when a few years ago when I found out that probate was filed against my fathers estate, the distance to drive from Sacramento county to Contra Costa county was a pain to drive.

      Through my attorney's suggestion I filed a Request for Special Notice.

      This document (when I filed) gave me notice of every court-mandated document that was filed and was mailed to my residence.

      (Notice of Probate, Order for Probate, Inventory and Appraisal, Creditors Claim, etc.,)

      Perhaps your local county probate court house has some similar notification that can be mailed to you (or e-mailed) instead of physically making the trip. 

      0Reply
  • Anastasia Jordan
    OP
    Investor · Birmingham, AL · Member since 2016 · 446 posts · 305 votes
    8y
    Originally posted by @Mark Pedroza:

    Way back when a few years ago when I found out that probate was filed against my fathers estate, the distance to drive from Sacramento county to Contra Costa county was a pain to drive.

    Through my attorney's suggestion I filed a Request for Special Notice.

    This document (when I filed) gave me notice of every court-mandated document that was filed and was mailed to my residence.

    (Notice of Probate, Order for Probate, Inventory and Appraisal, Creditors Claim, etc.,)

    Perhaps your local county probate court house has some similar notification that can be mailed to you (or e-mailed) instead of physically making the trip.. 

     Thanks for that suggestion Mark!

    I'm stuck with having to make the drive as I don't know the exact address/location of that land.  I'm literally comparing info from the census records with the GIS map of 3 counties trying to ID parcels that might have been owned by my family, then checking that information with the tax records.   One time I stopped at the sheriffs office with my map asking for help in locating a property and they just flat out told me I couldn't go to it. 

    1Reply
  • Anastasia Jordan
    OP
    Investor · Birmingham, AL · Member since 2016 · 446 posts · 305 votes
    8y
    Originally posted by @Greg Parker:

    Good question.  My wife is in a similar situation.  The only loophole we have found is if the property taxes are not paid, you can get with the probate folks and tell them the situation and see if they will let you pay the taxes before it is auctioned and you can get some type of temporary deed.  Then after 1 or 3 years (I can't remember) you can get a clear title.  But, as in our case, someone from the family always pays the taxes last minute and keeps the property in limbo.  Please let me know what you find out. 

     I've been checking the county site reviewing all parcels that have my family names.  My folks are pretty good at paying the taxes on everything and stuff that did get bought in tax sale was quickly redeemed.  So far I've identified 1 property that went into tax sale back in 1991 & applied for that one through the state.  

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  • Anastasia Jordan
    OP
    Investor · Birmingham, AL · Member since 2016 · 446 posts · 305 votes
    8y

    Update: found some that was tax delinquent for almost 30 yrs (ridiculous). And I can't read a map to save my life. I had the map in my hand and thought it was some clear pasture. Stopped by my 80 something yr old great aunt's house and she corrected my coordinates cause I was off about a quarter mile :( .......my land is nothing but forest.

    0Reply
  • Anastasia Jordan
    OP
    Investor · Birmingham, AL · Member since 2016 · 446 posts · 305 votes
    6y

    Update: Never did get the woods from the pictures above. Tax bill is over $20,000. The state is not currently processing best price offers. Drove down there this summer and magically the land has been cleared. 

    On down the road from here, a bootlegger died and my cousin is just squatting in the lady's trailer & paying the taxes. But he don't pay the taxes on the land next door. I applied for it and am monitoring squatcousin. I desire to piece them together and sell to the hunting club next door.  I can barter for a QCD with her kids. 

    My business partner's family has 80 acres of heir property that they have never visited (but faithfully pay them taxes every year). Looked it up on the GIS map and it has 2 lakes.  We will be making a presence quickly in 2020......once we get an ATV. 

    I started asking questions about how/who my folks bought land from originally and 1 side of the family keeps giving me opposition when answering that question. So I'll be visiting the historical society of another county to piece another puzzle together. FYI, historical societies are very helpful. It's like a social club for nosey people. 

    I did find my family's cemetery (slave cemetery).  The county had it listed as "unknown cemetery" with an "unknown owner".  Never in my life have I ever seen that.  I called down to the county trying to jump in on it, lol. They couldn't explain it either and told me to contact the historical society to see if they could find a deed/old land register or something. They have in their records that it is the "black" cemetery (it has 2 sides, black & white) but no source. They couldn't find anything either so they told me to go get an attorney (really?).  Emailed the white side and the heir flew in the next day. Her attorney is supposed to be fixing the situation. She took me to breakfast and I got all in the business about the land, which is all gone. An heir before her lost it all in TAX SALE. An older cousin of hers redeemed the land around the cemetery and the plantation house. They just now started having a joint family reunion at house now. 

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