Owner Dies. There is No Will. in Place. Son decides to foreclose

[Jafar Seife]

The owner of the property died recently. There is no will in place. The owner is behind on monthly payments. The son decides to let the bank foreclose on the property. Is there a way to purchase this property before the foreclosure possibly from the son? All ideas are appreciated 

[Bill B.]

Depending on the state it probably has to go through probate. If the deceased has more debt than assets than it’s all going to the creditors. You can certainly contact the probate court and put in an offer (if it’s a probate state) but I would assume there’s a bunch of fiduciary responsibility involved where they have to try to get the maximum dollars.

As you said, the son doesn’t own it, he can’t sell it to you. I don’t know if the bank can avoid probate or if it all starts over with his death. Talk to a local probate attorney, they should have your answers.