Should I talk to the lawyer or the son?

General Real Estate Investing
1

Hi all,

Just got a call. “This property was the caller’s grandmothers. Grandmother is now deceased and lawyer told her father it goes to the next of kin which is him. He is incarcerated and would like to sell the property.” I guess that before I start doing anything I should get them sign the agree to release information form and then verify with their lawyer that the son is actually the owner of the property. Am I right?

Thank you!

Anthony

2

Howdy Anthony:

The property does not actually automatically go to the next of kin. If there is a will it will have to go thru probate court. If there is no will an attorney or title company can draw up affidavits of heirship two two close friends of the deceased attest to the facts as to who the heirs are. The friends can also be relatives but not directly descended from the deceased. It can get complicated. I tried to do one with over 100 heirs and gave up pretty fast.

3

Wow, this does look complicated! But Ted do you think I should start with the attorney anyway? I mean to find out who is actually entitled to the house.

Thanks,

Anthony

4

Howdy Anthony:

A title company can answer that question.

5

Thanks Ted.

6

Wow this is a new one!! LOL Seller is incarcerated how long is he in for?

Sometimes it will not go all the way through probate if there was a will involved this could be a deal breaker if it does go to him and he owes any restitution that might eat all or some of the equity!

HEY GOT A IDEA… Why don’t you offer him say $500.00 on his books for commissary a month and get some owner finance! Sorry had to ask!

7

Yeah, I guess this deal is kind of complicated for me. I will keep you guys posted how it goes.

Thanks for all the help.

Anthony