Fact Sheet

Heirs’ Property: Understanding the Legal Issues by State

August 2024   |   Farmland Access Legal Toolkit
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The following factsheets aim to prevent the loss of land owned as heirs’ property in specific states. Each examines state laws that are relevant to heirs’ property owners, and outlines steps owners can take to resolve property issues before seeing an attorney.

Each factsheet also addresses relevant legal issues in a given state, including 1) how to identify legal heirs of the original ancestor who owned the land, 2) state partition law, 3) state law that permits the sale of land due to unpaid property taxes, and 4) state law addressing adverse possession and condemnation (terms defined in the glossary in each resource).

In addition to heirs’ property owners, these factsheets may be useful to professionals assisting heirs’ property owners, such as lawyers, nonprofit and community development advocates, and cooperative extension agents.

Francine Miller

Senior Staff Attorney, Center for Agriculture and Food Systems

Fran Miller LLM’17 works on issues related to farmland access, particularly for historically marginalized communities, through the Farmland Access Legal Toolkit and serves private clients regarding collaborative and community land ownership and business formation. An Adjunct Professor of Vermont Law and Graduate School, Fran supervises students in the Food and Agriculture Clinic and leads a variety of research projects. She spent many years as a trademark and copyright lawyer in New York City before earning a Master of Laws (LLM) in Food and Agriculture Law at VLGS. She moved to Vermont in 2019 to work at CAFS.