Re: Heir property

Jim:

You sent me scurrying back to a case of a few years ago - Bahl vs
Lambert Farms, 773 A2d 1256. The discussion her (and in the Fiduciary
Review) involves an "heirs deed". The reference is to the interaction
of PEF Code sections 301(b), 3385 & 3546. I don't know if this helps.
Here, after one year, the "heirs" can deed the property outside of the
usual estate administration procedures. Of course, the heirs must be
determined.

Does this help?

k.

Kirby G. Upright, Esquire
King, Spry, Herman, Freund & Faul, LLC
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-----Original Message-----
From: realproperty-bounce_at_list.pabar.org
[mailto:realproperty-bounce_at_list.pabar.org] On Behalf Of James Cameron
Sent: Tuesday, October 31, 2006 3:44 PM
To: PBA real prop.
Subject: [realproperty] Heir property

List:
 
I recently became aware of the term "heir property". This term seems to
describe a method of family ownership of property that developed among
the descendants of slaves in the Southern US.
 
A google search failed to produce a sufficient summary.
 
Are any of you cyberlawyers familiar with this term, and can anyone give
me a short course. For example, is it legally enforceable ownership?
If not, can those residing upon heir property be displaced? Is it akin
to tenancy in common or joint tenancy with right of survivorship? Does
each participant hold a valid deed to a particular tract? If not, how
do the holders manage the practical problem of an ever-increasing number
of owners, death, divorce, etc.? What of a non-resident owner who
wishes cash?

 
I am curious.
 
James D. Cameron
Attorney-at-Law
1325 North Front Street
Harrisburg, PA 17102
Received on Wed Nov 01 2006 - 11:37:24 PST