Customer asked: My mom and her father have been paying taxes on land in Virginia for over 100 years. She is 92 and wants to do whatever it takes to have the property placed in her name prior to her death. That includes buying the land. She has copies of the original deed, and names of relatives, whose descendents might have an interest in the land and their locations. What needs to be done here?
To ensure accurate guidance, it’s important to consult with a lawyer who specializes in estate planning and probate law in Virginia. They will be able to provide personalized advice based on your specific circumstances. However, we can provide some general information on the steps typically involved in transferring property and addressing inheritance matters in Virginia:
1. Consult with an Attorney:
Contact an attorney who specializes in estate planning and probate law in Virginia. They will guide you through the legal process and provide advice tailored to your situation.
2. Review the Original Deed:
Gather and review the original deed of the property. This document will provide important information about the ownership and any restrictions or conditions associated with the property.
3. Determine Ownership and Heirs:
Work with your attorney to determine the current ownership of the property and identify the potential heirs. Provide them with any relevant information, such as copies of the original deed and names of relatives who may have an interest in the land. Your lawyer will need a heir search firm to generate a report for court, this is where heirpros.com can help. Please ask you lawyer to contact us.
4. Verify the Status of Property Taxes:
Ensure that all property taxes are up to date. Failure to pay property taxes can result in collection procedures and potential liens on the property.
5. Consider Purchasing the Land:
If your mother wishes to have the property placed in her name prior to her death, she may consider purchasing the land from the current owners. Your attorney can guide you through the process and negotiate on your behalf.
6. Estate Planning:
Discuss estate planning options with your attorney. They can help your mother create a will or explore other estate planning tools to ensure her wishes are carried out regarding the property and other assets.
7. Probate Process:
In the event of your mother’s passing, the property may need to go through the probate process. Probate is the legal process of administering a deceased person’s estate. Your attorney can assist with the probate process and guide you through the necessary steps.
Remember, the information provided here is general in nature, and it’s important to consult with an attorney who can provide personalized advice based on your specific circumstances. They will be able to guide you through the legal requirements and help protect your mother’s interests. We hope this information is helpful, and we wish you and your mother the best in resolving this matter.