Heirs Property

Heirs property is a widespread problem in the South Carolina Lowcountry.  Heirs property is property which has been handed down from generation to generation without the formal protection of probate actions and properly executed Deeds.  Heirs often find themselves sharing ownership of tracts of land which, because of their defect in title, can not be sold for full value, mortgaged, properly subdivided or bequeathed without a successful action quieting the heir issues.

Heirs property issues can be extremely complicated.  Often the deciding factor is the amount of time which has passed since the death of the ancestor on title.

A major factor in resolving heirs issues is to have a thorough and accurate family tree.  This family tree should trace all known marriages, children and death dates for the heirs of the late property owner.  Although your lawyer can help you prepare this information, the real work needs to be done my the family.

Another common problem with heirs property is that often family members do not agree on the best use of the land.  Some family members might want to sell the property while others may want to try to keep it in the family.  These issues can create obstacles to moving forward and sometimes the Court has to decide how to proceed.  South Carolina has a recent statute that allows family members the first right of refusal if the land is to be sold.  This means that before heirs property can be sold in a partition action to an outsider, each owner (family member) has the right to purchase the parcel.

Quieting heirs issues can be very time consuming and expensive.  Legal fees and other fees for professional services (like surveyors and appraisers) as well as Court costs can be apportioned among the heirs who own the property. 

Please feel free to contact my office to discuss heirs property issues.  I do not charge for initial consultations.