2006-09-03 10:06:03 · 7 answers · asked by Anonymous in Business & Finance ➔ Renting & Real Estate
here is the issue, the man my motherinlaw acquired the house from died, his brother came and took what he wanted and said he wanted nothing to do with the house and that he was going to let the state take it. Well my motherinlaw moved in 5yrs ago and paid up all the back taxes. Well now she has died and gave the house to me and her son.
2006-09-03 13:58:18 · update #1
As you've been told by others, you can't. You'll have to get a deed from the owner's heirs or the executor of his estate. However you can ignore the scare stories. It need not take years or be very complicated. All it takes is for the heirs/beneficiaries to petition the court to open the estate and authorize sale of the property. If all the heirs/beneficiaries agree it can even be done in the same proceeding. The creditors don't have to be notified in advance if the money is deposited in a restricted estate account. Once you's closed on your purchase, your involvement with the estate is over. From then on its the beneficiaries' problem.
When purchasing from an estate however, there are some added title issues & if your state has an estate tax, possible tax issues. So do not ever purchase real property from an estate without an attorney and a title insurance commitment.
2006-09-03 11:05:46 · answer #1 · answered by Anonymous · 0⤊ 0⤋
the state has laws on which relatives owns the house when a person dies, assuming no will. If there are no known heirs, then the state auctions it off. You have to buy it from someone. The quitclaim deeds I am aware of is for property that has no previous ownership record - like when the government acquired the land through military action and hasn't offered it for homesteading. Yours has a previous owner and therefore a current owner by law.
2006-09-03 10:14:42 · answer #2 · answered by waplambadoobatawhopbamboo 5 · 0⤊ 0⤋
You can no longer get a quit claim deed. You now have to hope they had a will, if not it goes to a probate court, and it will be a long drawn out journey. Be prepared for it to take years.
If the deceased person has a executor to their estate then you will need to work with them. You may need to speak to a lawyer to see what other options you have if the family wont work with you.
Things are always ugly when people die and things of value are at stake. Try to keep it civil and not make things worse for the family members who are mourning their loss.
Best of luck
2006-09-03 10:23:00 · answer #3 · answered by R.E.Reta 2 · 0⤊ 0⤋
The first answer is correct. You can't. In probate you also have to remember the state, will take at least 28% off the top. And during probate, all interested parties will split the remaining portion, so if you are the sole remaining heir, so to speak, you get what's left. If there are others, you get an equal share.
2006-09-03 10:16:36 · answer #4 · answered by dspell2x2 2 · 0⤊ 0⤋
You can't - you need to do this prior to their death. Now you need to file through probate. I hope you have patience.. My father passed away last year - and I have been going through hell for 16 months to get it fixed and changed to me =- even though he sgned some of the papers before he died. It also depends on the state.
2006-09-03 10:12:13 · answer #5 · answered by Been there 3 · 0⤊ 0⤋
has to go to probate unless it was held as joint tenants. A affidavit of death needs to be recorded and then a deed transferring from the estate of the owner to the new owner.
2006-09-03 10:42:03 · answer #6 · answered by iinakamura 2 · 0⤊ 0⤋
First you should go to Probate and proceed from there!
2006-09-03 10:14:23 · answer #7 · answered by WildWoman 1 · 0⤊ 0⤋