Predeceased grandkids and real estate clean title?

Question

Home owner's child died in 2011 and home owner died in 2014. The estate was not probated and the house now has a sales tax title. The help of the only other living child may get a clear title if they are willing to sign a quiet claim deed. 
If not then title action with legal documents. An area laywer said that the grandkids of the deceased home owner (the kids of the daughter who died "before" the home owner died) would have to be assumed to be heirs and be part of the group of people who make up the defendants. Maybe this is a real estate legal scenario but my brother died before my father and my brother's kids were not heirs when our parent died. They were heirs of their father (my brother) not their grandparent. Why grrandkids of deceased owner assumed to be heirs when their parent died 3 years before their grandparent. Thanks.

Morningfox · Accepted Answer

I can't figure out what you mean by "sale tax title". Was the house sold at a tax sale? That's usually for unpaid real estate taxes. The new owner gets a tax deed. The previous owner gets some period of time to buy back the house.

The problem in your story, is who is the previous owner? The older homeowner died in 2014, so who became the owner then? In most (all?) states, without a will, it would be the homeowner's children. If one of the children is dead, then her share would pass on to her children.

It sounds like you need an explanation from a lawyer, about who is a heir, who is a "heir-presumptive", and when they get that status. Also about when legal title to a house passes, and when "equitable" title passes, and how recorded deeds are involved. You don't need to have your name on the deed in order to be an owner of a house, but it sure helps.

Slickterp · Answer

Your brother's kids were heirs if there was no will, in most states.

Anonymous · Answer

You nor the lawyer you spoke to have a clue about the law.  The house was apparently foreclosed on by the county to pay for taxes (Uncle Same doesn't play around and always gets paid first).  Once that occurs ALL HEIRS have no claim on the property, but may have a claim on any value paid over and above the taxes, penalties and other debts attached to the property, but none on the real estate itself.

Exoplanet · Answer

"quiet claim deed"? Do you mean, perhaps, a Quit Claim Deed? (Just a guess.) The law you may be asking about is called, generically, your state's Course of Descents. Just look it up and read all of the case law on actions to quiet title, which are not Quit Claim Deeds. You see, "quiet" and "quit" both start with "qui," but they are actually different words. Look 'em up if you don't believe me.

Anonymous · Answer

WHERE matters.  All State laws are most definitely NOT the same when it comes to inheritance.  Second, are you asking about an action to QUIET a title OR a QUIT claim deed?  They are different things.  I am guessing WHERE.  I am GUESSING that the homeowner had one child, a daughter who predeceased him/her.  That daughter  was survived by children who automatically became the next to inherit as the closest "blood" relatives.  I don't understand why they are ASSUMED to heirs.  They ARE heirs.  They would inherit IF the daughter were an only child (which I am also guessing).
.
The situation is 100% different from when YOUR father died.  He had more than one surviving child.  For example, you have 4 children and no spouse, you die intestate (without a Will), those 4 children inherit.  One of them dies?  The surviving 3 inherit.  You have one child, you die, that child's children inherit.  In general, THE BLOOD LINE INHERITS.  Children are a closer blood line than grandchildren.  If children survive there is no need to "involve" grandchildren.
.
You can, of course, by Will, direct how your estate will be divided.  Without a Will?  It's State law.

Predeceased grandkids and real estate clean title?

Trending Questions