Tuesday, October 1, 2013

Protecting and Doing What is Right With Heir Property

Emma Mead Harrell and her daughter
My maternal great grandmother Emma Mead Harrell purchased 20 acres of  land for her heirs in 1892 and 1902. She purchased eleven acres and several years later she purchased nine more acres. As a little girl I remember the old homestead standing on the hill across the road on the eleven acres. I lived on the land so I have an attachment to the land just like my grandfather Jasper Harrell, Sr., and his siblings.  This land provided a home and food of me and my family. The older relatives shared what was grown on the property. 

This property belongs to all the heir of Emma Mead Harrell, and no one family member had the right or authority to keep any heirs off the family property. I can't understand why anyone in the family would try and stop heirs from accessing the property.It is against the law to put a padlock on the gate to keep other heirs off the property.  

The Emma Mead Harrell Estate
Several years ago I was asked by several family members to help the family divided the property up accordingly. I wasn't ready for the uphill battle that was coming my way by some family members. My maternal great grandmother worked her fingers to the bones to purchase this land for her children and their offsprings. It breaks my heart to see what is going on right now. If anyone decide to rent the property out, the money should be placed in escrow and divided with all the heir if a clear title can't produced.   http://www.appleseednetwork.org/wp-content/uploads/2012/05/Protect-Your-Property.pdf

Right now the land needs to be cleared and divided equally, if any Harrell descendants would like to clear or plant vegetables on the land please contact me. The land is for all descendants and not only one person and their family.  The Harrell offsprings need to come together to seek the legal advice of an attorney to settle this matter. 

The terms heirs, next of kin, and distributees usually refer to the persons who by operation of law—the application of the established rules of law—inherit or succeed to the property of a person intestate on his or her death. Statutes generally confer rights of inheritance only on blood relatives, adopted children, adoptive parents, and the surviving spouse. Line of descent is the order or series of persons who have descended one from the other or all from a common ancestor, placed in a line in the order of their birth showing the connection of all blood relatives. The direct line of descent involves persons who are directly descended from the same ancestor, such as father and son, or grandfather and grandson. Whether an adopted child can be regarded as in the direct line of descent depends upon the law in the particular jurisdiction. The collateral line of descent involves persons who are descended from a common ancestor, such as brothers who share the same father or cousins who have the same grandfather. Title by descent differs from title by purchase because descent involves the operation of law, while purchase involves the act or agreement of the parties. Usually direct descendants have first preference in the order of succession, followed by ascendants (persons in the collateral line of ascent), and finally, collateral heirs. Each generation is called a degree in determining the consanguinity, or blood relationship, of one or more persons to an intestate. Where the next of kin of the intestate who are entitled to share in the estate are in equal degree to the deceased, such as children, they share equally in the estatehttp://legal-dictionary.thefreedictionary.com/Rights+and+Liabilities+of+Heirs

The heirs are as followed: Shelton Harrell, Sr., Edgar Harrell, Jasper Harrell, Sr., Bertha Harrell, Theodore Harrell, Palmer Harrell, Henry Harrell, Warner Harrell, Ella Harrell, Alec Harrell and Arthur Harrell and all of their offsprings.

I can be reached at 504.858.4658.