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I want to talk to you about the air property phenomenon I call it phenomenon because it is a phenomenon this is attorney for Neeta Williams you know when I first started practicing law I had no idea what air property was I didn't know what it meant I found out what air property means doing community seminars I found out that people think air property is property that grandmama or granddaddy or mama or daddy died and left and all the family members are owners and I'm like mmm okay well that sounds good in theory it sounds good that Bobo when Ray Ray ma'am we'll always have somewhere to live but here is how this thing plays itself out with this air property that grandmama and granddaddy had somebody has to be responsible for the property taxes and over time I found that in many families nobody is interested in continuing to pay the property taxes somebody has to take care of upkeep for the property somebody needs to have insurance on the property and all too often somebody who is always in between jobs is the one who wants to stay of course in the air property so this air property that the community taught me about is something that has created horrible probate nightmares because what happens is over the years somebody pays the property taxes somebody puts a lot of money in repairs and I've even seen situations where a family member who put a lot of money in heir property was very upset when the other family who were co-owners would not deed the property over to them so what do you do about air property I have eight suggestions first of all one or two people in that family need to just decide to take control now be very careful about the one or two people because if the one or two people are the most bossy people in the family that turn everybody off then maybe that one or two people won't be the right - you gotta have at least one of those two people be somebody whom everybody else gets along with the second thing is get a copy of the deed and see whose name is on the deed so you can see where to start from the third thing is make a family tree naming all of the owners on the family tree and all of their descendants or children you need to see how many folks you're dealing with now don't leave out the folk who died because the people who died that are on the family tree that are children of the owners they still own their part their estate on whatever it is that they should be owning the fourth thing is get the name and address and phone number for all of the descendants on that family tree that you can find the fifth thing is once you've gathered all this information you have the deed you have a family tree and you have all the family members to the extent that you can identify them the fifth thing is meet with a probate lawyer so you can find out how many probates you're going to have to do because you're gonna need to probate not just granddaddy or grandmama but you're gonna have to probe a everybody who has an ownership interest in that property who passed away after granddaddy or grandmama whoever the is on the deed the six thing that I recommend is get an estimate of how much that property is worth you need to know is this property worth ten thousand is it worth ten million because it may be very expensive to do all the probates you will need to do to get the property out of the deceased person's name into the name of the living heirs the seven thing is figure out whether you want to keep the property or whether you want to sell it you must figure out whether you want to keep it and whether you want to sell it and those who keep putting money into property taxes repairs property upkeep cutting the grass getting insurance they especially need to figure out what they want to do because you can't just go on years and years and years investing in the property with all of these other owners and expecting all the other owners to just be happy about turning over their part to you a lot of the other owners are looking for something out of the deal and they don't want to hear that you paid property taxes all those years they don't really care about that the a thing I recommend is to go ahead and do the probate on the property to get the property in the name of living people who can do something with it so if you're like the average family and you have an heir property situation you really need to get the property from up in the air and that's how I categorize it if it's heir property it's probably up in the air so if you need to get the property from up in the air then you need to take those eight steps to get control of the situation and do something about it because guess what year after year after year people who own that property are dying and you may come to a place where there's nobody to pay the property taxes and guess what the worst inevitability is losing the family property because nobody paid the property taxes on this property that's up in the air so take those eight steps you will be glad you did and you'll have a sense of peace having taken control of what your ancestors left for you I'm attorney verneda Williams please visit my website for additional estate planning tips the website is VCW lucam that is v CW l aw calm there you can find twenty-five estate planning tips to help you avoid legal nuisances and nightmares and you can also find a checklist of 25 things you can do to set your affairs in order also if you have questions comments or suggestions you may call me at seven eight six eight three one nine four eight three that seven eight six eight three one nine four eight three thank you so much for listening