Comments on: Heir’s Property

By: Jacqueline Rose

Jacqueline Rose — Fri, 16 Jul 2010 15:26:16 +0000

We are having a family problem with heirs property. A family member asked to get his share “cut off” so he could get a clear deed. He now pays is own taxes separate from our heirs property since he has been cut off. Now, he wants to lay claim to the rest of the heirs property saying he knows he got his share but he is still a heir and he wants to claim more of the heirs family property. Does he has claim to this even though all the family members signed before a lawyer to allow him to “cut” his portion off. He tells us that he does not want any heirs property for himself that his kids are still entitled to it. Help us please.

By: Anne

Anne — Thu, 17 May 2007 20:58:44 +0000

Check out http://www.ag.auburn.edu/agec/heirproperty/

By: Mrs. Franklin

Mrs. Franklin — Thu, 10 May 2007 17:57:57 +0000

Could some tell me exactly what “partition” means? I want to learn all I can about this subject as we are about to embark on an ugly battle, methinks!

Thank you for any relevent advice!

By: Patrice Peterson

Patrice Peterson — Tue, 24 Apr 2007 20:35:50 +0000

All of my life I remember stories of my Great-Grand Father and Mother. How several properties in and around the Jacksonville Florida and Tampa area were “Heir Property”. Ingenious I thought as a young developing mind but like most things. Well all I’d like to say to the developer or institutor of this information. I appreciate all of your efforts and hope that this information can be made more readily available. To even those without website or computer access.

By: Nia

Nia — Sun, 31 Dec 2006 02:23:59 +0000

The big lesson here is: DON’T DIE WITHOUT A WRITTEN WILL. Heir property is a result of dying intestate (without a will). The courts assign shares to your heirs. The courts also appoint who your heirs are. It may be an aunt you absolutely despise. And, it is very hard to reverse. Heir property will tend to stay heir property for generations to come, because there is simply no way to correct the situation.

I don’t agree with the guys that said “if you can’t afford it, you don’t deserve it”. See, if I bought a car I couldn’t afford, then I made a bad decision. Creditors can come and take it. BUT, if someone GAVE me land I couldn’t afford, and I have to keep it because it’s a family heirloom, it’s a totally different story. Besides, unlike a car, a piece of land (often forested) provides environmental services to the public. Its really not fair that they bear the brunt.

If I’m interpreting the law correctly, it takes only one heir (or whoever buys a share from an heir) to force a partition. This is completely weird. Whereas any activity done on the land requires unanimous agreement (e.g. sell timber, request government financial assistance), a request to partition the land needs only one person to do. Seems like heir property is going nowhere but the land market.

I’m happy to hear one of you want to publish your story about a family partition. Stuff like this should be more well known to people. Again, DON’T DIE WITHOUT A WILL! If you don’t have one, please spare your heirs and make one soon.

By: sunny

sunny — Thu, 28 Dec 2006 05:30:22 +0000

My father recently died and I found out that my sisters and I have heir property. He had remarried. He was living on the land and had built a house before he married. He did not leave a will. Is his spouse entitled to the house or land

By: PHYLLIS (VAUGHN) BEECH

PHYLLIS (VAUGHN) BEECH — Sun, 22 Oct 2006 06:22:09 +0000

From my family research I found that my Great Great Grandfather Greene Vaughn, was was deeded land in the County of Merriweather Georgia after the civil war. The address given as late as 1910 was “White Sulpher Springs Precinct”. As you know names at that time were indicative of the “thing” being named. In all likelihood there were white sulphur springs under the ground making the land very fertile and farming good. He was subsequently “killed in a hunting accident” (around 1913) and the farm and all the animals, crops etc. were taken away. Maps of that time show the location of White Sulphur Springs. However around 1920-30 the land became a Rehabilitation Center for ailing victims of polio and other sicknesses because they could bath in the “healing waters” of the Warm Sulphur Springs. The Rehabilitation center fell on hard times and was later purchased by President Franklin Roosevelt, a victim of Polio and became the Little White House at Warm Springs, Georgia. Needless to say, that the town has become a tourist spot with hotels, restaurants and many other attractions. I feel that my family has been cheated of our inheritance as the land was taken from us because it was too valuable for Blacks to own. I have done some research but need further help in putting together a substantive case. Can you help? Although my Grandmother and her 13 siblings are now dead, they have children and grandchildren etc. who are still alive and could benefit from this. I most of all would just like to see justice done and satisfaction of the admission of the facts involved. Thank you inadvance for your help. Phyllis Beech