Title claims can endanger an ownership interest in real property. If an outside party has a credible claim to an interest in the property, the matter may require the review of a civil court judge.
Title disputes are sometimes the result of fraud. Other times, the disagreement about ownership might stem from a real estate transaction that may have violated the legal rights of other people. If homeowners purchase a property during estate administration, the heirs of the person who died can sometimes pursue title claims long after a closing occurs.
Heirs may have certain legal rights
Family members and even distant relatives may have the right to inherit property from an estate. If the person who died did not have a will or if the will was so outdated that there were no living beneficiaries in the document, other family members could potentially inherit the property that belonged to the decedent.
If a personal representative failed to identify and communicate with the closest surviving relatives of the person who died before selling their home, those parties may later be able to challenge the transactions that occur during estate administration. They may potentially have grounds for a title claim against the home of the decedent if the personal representative or executor sold it without securing the consent of heirs or distributing sale proceeds to them.
Anyone facing serious title issues that endanger their claim to a home likely needs to talk with a real estate attorney. Responding assertively is critical for the protection of home equity and the right of possession during a real estate title dispute related to a probate sale.