So I have a seller who wants to sell his house BUT it’s in his wife’s name who passed away 2 years ago. He said he has the right to sell it. I haven’t experienced this yet. Is there anything I need to look out for or put in the contract? What do I need to do in this situation?
Hey Bradenman, I just slammed 2 deals with this same predicament.
All you need is a copy of the deceased Death Certificate.
Unless the husband is not on Title. Then ur screwed. You may have to go thru probate.
Check with an Attorney.
Rando
I second Rando’s comments.
Couple of thoughts. What state do you live in? (This matters because states fall into two different categories, community property and separate property.)
Generally states have a three year statute of limitations to initiate probate, and see if your state allows for summary probate. If it does and H is the only beneficiary, it should be a quick process.
Thanks guys I’m in FL
That is a separate property state. Meaning, if the house was bought in the name of the W, then it is her separate property. There are a lot of variables depending on the situation. If the house is a deal, it would be worth a meeting with a real estate lawyer.