Dirty Deeds & Heirship: The Overlooked Strategy for Getting Your Foot in the Deal

When most investors hear "dirty deeds," they think clouded titles and broken chains—properties tangled in legal problems that require curative title work to resolve. But there's another strategy that's often overlooked, and it doesn't require fixing a mess at all. It's about understanding that heir property creates multiple individual sellers, each with their own fractional interest to sell.

This guide isn't about solving title defects. It's about strategic ownership acquisition—buying fractional interests one at a time until you control the deal.

Reframing Dirty Deeds: It's Not Always About Broken Chains

The common misconception is that "dirty deeds" only means title defects—missing signatures, unreleased liens, or breaks in the chain of ownership. While curative title work certainly involves those problems, there's a parallel opportunity that doesn't require fixing anything.

Here's the key insight: heir property often has clean title—it just has MANY owners.

When a property passes through intestate succession, the title chain can be perfectly clear. The original owner died, and by operation of state law, their ownership interest transferred to their heirs. There's no defect to cure—just multiple people who now own fractional percentages of the same property.

The Strategic Shift

Most investors approach heir property thinking they need to buy 100% to close the deal. That's not true:

• You don't need to buy all interests at once
• Buying even 10-20% fractional interest makes you a co-owner
• As a co-owner, you have rights: partition actions, negotiation leverage, potential buyout opportunities
• This is about strategy, not just problem-solving

Think of it this way: instead of waiting outside the door trying to get everyone to agree, you buy your way inside. Once you're an owner, you have a seat at the table.

If you want to learn from investors who've mastered this approach, Logan Fulmer runs the Distressed Property Acquisitions Facebook community—a valuable resource for connecting with others working heir property and dirty deed deals.

Understanding Heirship: Each Heir is Their Own Seller

When someone dies intestate (without a will), property passes by state law to their heirs. The result: multiple heirs, each owning a fractional percentage as tenants in common.

This requires a critical mindset shift:

Why This Matters for Your Strategy

• Each heir can sell their interest independently (in most states)
• Many distant heirs don't even know they inherited anything
• They're often willing to sell their "share" of a property they've never seen
• Your opportunity: Acquire fractional interests one by one from willing sellers

Example Scenario

The heirs who live far away, have no emotional connection to the property, or need cash now are your best prospects. They're often happy to sell their 12.5% interest for a few thousand dollars rather than deal with a property they'll never use.

For a closer look at how that hierarchy plays out when an owner dies without a will, see why heirship order matters for deceased owners.

Master Your State's Intestate Succession Laws

Intestate succession laws vary significantly by state, and understanding them is critical for mapping out ownership. These laws determine WHO inherits and in what PERCENTAGES when someone dies without a will.

Why You Must Know These Laws

Without understanding your state's intestate succession rules, you can't:

• Identify all the heirs
• Calculate their fractional interests accurately
• Make accurate offers based on ownership percentage
• Determine how much interest you need to acquire for your strategy
• Anticipate which heirs might have larger stakes worth targeting first

The General Hierarchy

While specifics vary by state, most follow a similar hierarchy:

1. Surviving spouse — Often receives a percentage outright or all community property
2. Children — Typically share equally after spouse's portion
3. Grandchildren — Inherit their deceased parent's share (per stirpes)
4. Parents — If no children or grandchildren exist
5. Siblings — Next in line after parents
6. More distant relatives — Aunts, uncles, cousins as defined by state law

Per Stirpes vs. Per Capita Distribution

Two key terms you'll encounter:

• Per stirpes: Descendants inherit their ancestor's share. If an heir dies before the original owner, their children split their parent's share.
• Per capita: Each heir at the same generational level inherits equally, regardless of how they're related.

Scenario	Per Stirpes Result	Per Capita Result
Owner dies with 3 children. Child A has 2 kids and predeceases owner.	Child B: 33.3%, Child C: 33.3%, A's kids: 16.7% each	Child B: 25%, Child C: 25%, A's kids: 25% each

Key Steps for Mapping Ownership

1. Research your state's intestate succession statute
2. Understand the hierarchy: spouse, children, parents, siblings, etc.
3. Learn how percentages are divided (per stirpes vs. per capita)
4. Map the family tree based on these rules
5. Calculate each heir's exact ownership percentage
6. Document relationships for verification during skip tracing

Finding Heirs: The SmartSkip Advantage

The biggest challenge in heir property investing isn't understanding the strategy—it's locating heirs who may not know they inherited anything.

Many heirs are distant relatives who moved away, changed names through marriage, or simply lost touch with the family. Traditional methods like Google searches or social media often fall short when you're looking for someone who has no public connection to the property.

Why Skip Tracing Is Essential

SmartSkip is designed for exactly this kind of work:

• Cross-references multiple data sources to find current information
• Uncovers relatives and associates — critical for verifying you've found the right person
• Provides current contact information: phone numbers, addresses, emails
• Works with names alone when you don't have an address to start from

For a deeper dive into the skip tracing workflow for heir work, see our comprehensive guide: Skip Tracing for Curative Title & Dirty Deeds.

Tactical Workflow

1. Map the family tree using intestate laws and genealogy research
2. Identify each heir by name and their relationship to the deceased owner
3. Run each heir through SmartSkip using name + any known location data
4. Obtain current contact information: addresses, phone numbers, emails
5. Begin individual outreach and negotiation with each heir separately

The Fractional Interest Acquisition Strategy

You don't need to buy all interests at once—or ever. The strategy is to acquire enough fractional ownership to achieve your goal.

Phase 1: Get Your Foot in the Door

Start by acquiring one or two fractional interests. Once you're an owner, your position changes entirely:

• You can file for partition — forcing a sale or division of the property
• You have a seat at the negotiating table — you're inside, not outside
• Other heirs may approach YOU to buy them out (you become the obvious buyer)
• You control timing and strategy — decide when to push for resolution

Phase 2: Build Your Position

Continue acquiring interests from willing sellers:

• Target 25-50% ownership through multiple small acquisitions
• Use your ownership position to negotiate with remaining heirs
• Document every purchase carefully for clear chain of title

Phase 3: Execute Your Exit

With sufficient ownership, you have multiple options:

• Partition action: Force a sale through the courts if heirs won't cooperate
• Consensual buyout: Work toward a negotiated purchase of remaining interests
• Hold and collect: If property generates income, collect your proportional share
• Sell your position: Another investor may pay a premium for your consolidated stake

Strategic Considerations

Question	Consideration
How much interest do you need?	Varies by goal and state law—some states require minimum percentages for partition
What's your exit strategy?	Partition sale, consensual buyout, development, or rental income?
Are you seeking control or just a return?	Minority stake for profit vs. majority stake for control
What's the property worth fixed up?	Higher ARV = more motivation to acquire full control

Navigating the Legal Landscape

This is a legal strategy—work with a real estate attorney who understands heir property and fractional interests. The following concepts are essential to understand (without this being legal advice):

Key Legal Concepts

• Tenancy in Common: The default ownership structure for heir property—each owner holds a fractional interest and can transfer it independently
• Partition Actions: Legal process to force sale or division when co-owners can't agree
• Affidavit of Heirship: Document establishing the identity of heirs and their ownership percentages
• Fractional Interest Conveyancing: The legal process of transferring partial ownership interests
• Quiet Title Actions: May be needed to establish clear ownership after acquisitions

When to Involve Professionals

Bring in legal help for:

• Curative title work if there ARE defects beyond the heir issue
• Partition action filings
• Complex heirship determinations (multiple generations, unclear records)
• Clearing title for eventual resale
• Drafting purchase agreements for fractional interests

For more on the curative title side of this work, explore our Curative Title & Dirty Deeds solutions.

For investors looking to go deeper into heir property and creative acquisition strategies, McKlane Bobbit and his Stride REI Group offer valuable training and community support for mastering these specialized deals.

Your Next Steps in Heirship Investing

Dirty deeds extend far beyond broken chains and clouded titles. The heir property strategy is about recognizing that inherited properties create multiple independent sellers—and that you don't need everyone's permission to become an owner.

Key Takeaways

• Each heir is an individual seller with a fractional interest they can transfer independently
• Master intestate laws to map ownership accurately and calculate exact percentages
• Use skip tracing to find and contact heirs—many don't know they inherited
• Acquire fractional interests strategically to become an owner and gain legal rights
• Leverage your ownership position for partition, negotiation, or buyout

Common Mistakes to Avoid

• Waiting for 100% buy-in: You don't need everyone to say yes to start acquiring
• Ignoring intestate laws: Incorrect ownership mapping wastes time and money
• Underestimating distant heirs: They're often your most motivated sellers
• Skipping legal review: Fractional interest deals need proper documentation