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Updated over 10 years ago on . Most recent reply

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Troy Sheets
  • Developer
  • Philadelphia, PA
900
Votes |
1,400
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How to help a seller through probate?

Troy Sheets
  • Developer
  • Philadelphia, PA
Posted
My realtor is connecting me with a lady that lives in my neighborhood that wants to sell her house. The seller inherited it from her mother but the house hasn't been through probate yet. She doesn't have the resources, knowledge or interest to get the house through probate and it's my understanding she is housebound due to an illness. The house needs work and with the probate issue isn't a good fit to go on the MLS at this point. The seller has named her price and it's acceptable to me. I've never dealt with probate before so I'm afraid of what I don't know. My questions are: - Do I need a lawyer for the probate process here in Philadelphia or can I get a limited power of attorney to run the house through probate for the seller? - How do I protect myself after the house is through probate to make sure the seller doesn't cut me out and, at a minimum, not reimburse me for the probate time and costs? - Although the price is fair and the seller is of sound mind, I'm concerned about any predatory accusations (if that makes sense)? She's elderly and handicapped, the last thing I want to do is be accused of impropriety. I really view this as helping her out, she has kids but they're unwilling or unable to help her. I'm concerned once the house is through probate and in her name then they'll want to be involved and "help" out in some fashion. Thanks in advance for any advice!

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Rick H.#4 Marketing Your Property Contributor
  • Lender
  • Greater LA/Orange County area, CA
3,548
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Rick H.#4 Marketing Your Property Contributor
  • Lender
  • Greater LA/Orange County area, CA
Replied

Re-read the OP. He asks how he can protect himself.  My actions are NOT aggressive. 

This is not violating her rights!  If she uses her own money to pay her attorney, seller can sell once she obtained capacity, power and authority to sell. Since she's not doing that, she can do it my way either my money or find someone else.

Preventing the would-be seller from being able to outmaneuver you by changing her mind, leaving you stuck after paying her legal costs is not the position I want to be in.

I've had too many people take advantage of my generosity after I've done the hard work and put up the money. Nearly 2,000 probate deals later, I speak from experience. 

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