Tee Johnson in BusinessReal Estate

How You Should Handle Heir Property In Georgia

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Heirs property can be a blessing or curse depending on how it’s administered. The documentary Gaining Ground talks about this in detail.
If your relatives are holding onto a piece of property of Georgia, there are some strategies you should consider putting into place to keep it.

Acres of land that have been passed down to relatives and the rest of the family is called “heirs property.”

The truth is that it may be easy for someone outside the family is get their hands on your land.

Although you may love the concept of heirs property, it can be a legal headache if you don’t know how to handle it.

In this article, we’ll discuss what heirs property is and how you can protect yourself legally.

What is Heirs Property?

Heirs property is an arrangement where no descendent is clearly designated as the legal heir. This means that multiple descendants all have an equal right to the land, which can cause confusion in the courts.

In fact, many judges will view heirs property as a legally unstable situation. That’s why they are more likely to side with a clear claimant of the land, who can prove a percentage of ownership.

How Is Heirs Property Created?

Heirs property is not something that is designed, but it ends up like that as a matter of circumstance. Here are some ways that heir’s property is created.

The owner dies and doesn’t have a will
The owner has a will but divides the land among relatives

The result is that you end up with a “fractured” title, which means that the land has no clear owner.

Who Qualifies For Heir’s Property?

if you’re wondering who can qualify for heirs property, it typically falls to immediate heirs who are family members. They include:

Children
Grandchildren
Other close relatives

All the heirs of the property have the same rights and an equitable say in what happens to the estate, so it’s important to be of one accord.

The downside is that all heirs are also fair game for any creditors that may be owed a debt.

Can Siblings Force The Sale Of Heirs Property?

It’s very important that siblings of inherited property be on the same page when it comes to their plans for the land. Divisions can become evident when one or another heir wants to sell and one doesn’t.

The only way for one heir to execute their rights to the land over another is if they go to court. One heir can’t force another to sell the property against their will.

One heir can choose to buy out the other though, which is quite common.

How To Handle Heirs Property

If your relative has died and they didn’t leave a will and testament, here are some ways to handle heirs property.

Create A Land Management Entity

Many families have created business entities that serve as land management companies for the land. This can be done by forming an LLC, which has the legal right of executor.

Once you have a land management company, you have a strong position to represent yourself across several legal avenues.

Consolidate Ownership

Have a family meeting in which you ask other family members to consolidate ownership to one family member. This is usually the best course of action, but it may be a tough sell for dysfunctional families.

Once ownership is consolidated, the appointed family member can represent the various interests of the group. This usually works best in legal settings.

File An Affidavit

See if your state allows for descendants to file an affidavit of heirship. This can be used to prove land ownership.

Again, having the proper paperwork is so necessary when contesting and proving land ownership.

Final Thoughts

If you find yourself in a situation where you’ve inherited property along with other family members, remember that you can work it out.

You need to make sure you get out of any heir’s property arrangement because it doesn’t protect you or the land.

If you want to know how to buy land in Georgia, here’s a guide.

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