• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Who owns a dead man's house?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

pumpkincat

Junior Member
What is the name of your state (only U.S. law)? WV

Who is the legal owner of a house if everyone listed on the deed has been dead for a long period of time? The house is still deeded as being owned by two of the current residents' parents, who passed away in 1996 and 1999. As far as I can tell, there was never any probate done. The residents living there are not the only children of the deceased, so I don't know if they are the legal owners, or if it is automatically shared between all of the children (or if there are other relatives who would be considered heirs).
(And yes, there is a reason I am trying to find out: I have an issue with my neighbor blocking an easement that runs down the edge of both of our properties. I talked to a lawyer, and he advised sending a letter to the property owners about it. That's kind of difficult when the property owners are dead!)
 


latigo

Senior Member
What is the name of your state (only U.S. law)? WV

Who is the legal owner of a house if everyone listed on the deed has been dead for a long period of time? The house is still deeded as being owned by two of the current residents' parents, who passed away in 1996 and 1999. As far as I can tell, there was never any probate done. The residents living there are not the only children of the deceased, so I don't know if they are the legal owners, or if it is automatically shared between all of the children (or if there are other relatives who would be considered heirs).
(And yes, there is a reason I am trying to find out: I have an issue with my neighbor blocking an easement that runs down the edge of both of our properties. I talked to a lawyer, and he advised sending a letter to the property owners about it. That's kind of difficult when the property owners are dead!)
That is interesting: You don't know who the "legal owners" are, but they are all dead.

Have you considered the "Dead Letter Office"?
 

pumpkincat

Junior Member
Well, usually I would assume whoever is listed on the property deed is the legal owner, but the last of them died 16 years ago. Is a dead person still considered the legal owner (even after 16 years)?
 
Last edited:

Ohiogal

Queen Bee
Well, usually I would assume whoever is listed on the property deed is the legal owner, but the last of them died 16 years ago. Is a dead person still considered the legal owner (even after 16 years)?
The estates need probated. Plain and simple -- that way the court can determine who are the proper owners of the house.
 

Zigner

Senior Member, Non-Attorney
It's possible that the OP could end up being appointed the administrator - wouldn't that be a hoot?

§44-1-4. Appointment of administrator.
When a person dies intestate the jurisdiction to hear and determine the right of administration of his estate shall be in the county court, or clerk thereof during the recess of the regular sessions of such court, which would have jurisdiction as to the probate of his will, if there were one. Administration shall be granted to the distributees who apply therefor, preferring first the husband or wife, and then such of the others entitled to distribution as such court or clerk shall see fit. If no distributee apply for administration within thirty days from the death of the intestate, such court or clerk may grant administration to one or more of his creditors, or to any other person.
 

pumpkincat

Junior Member
My apologies, Ohiogal. I wasn't ignoring what you had told me, I just didn't know that there was anything an outsider could do about whether a property was probated or not.

As for the letter, I think that I will go back to the lawyer I talked with before and ask him who to send it to. The person blocking the easement isn't a resident there at all, but a daily guest of theirs (which is why he told me to send it to the property owner).
 
Last edited:

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top