Full question:
My grandfather died in 1999 and left behind property that's still in his name. He has children that I can not locate and someone is paying the property taxes not related to him. It's actually 2 properties. My question is - How can I get ownership of the properties? There was no Will that I know of. The properties are located in St. Croix U.S.V.I.
- Category: Wills and Estates
- Subcategory: Intestacy
- Date:
- State: California
Answer:
If your grandfather died without a will, upon his death, his estate would pass to his heirs according to state intestate laws. An intestate estate is any part of the estate of a decedent not effectively disposed of by his will, which passes to his heirs as prescribed in the applicable state's laws of intestate succession. The estate of a decedent who dies intestate is distributed according to the intestacy laws where the decedent was domiciled and/or where the decedent owned real property. Under the intestate laws of succession, the spouse and heirs will receive property by the laws of descent and distribution and marital rights in the estate which may apply to a surviving spouse. Each state has an intestacy law which specifies who is to inherit property in the absence of a will. If a person dies without a will, the probate court will appoint a personal representative (or administrator) for his or her estate to receive creditors' claims against the estate, pay debts, and distribute the deceased person’s remaining property according to state laws.
If your grandfather's estate was not admitted to probate after his death, and you would like to open a probate file in your grandfather's domicile, the court may be able to help you with the properties you mentioned, and someone could sign an affidavit about the missing heirs.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
