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Updated almost 5 years ago, 11/29/2019

User Stats

67
Posts
23
Votes
Eric Roloson
  • Flipper/Rehabber
  • Kelso, WA
23
Votes |
67
Posts

Any way to avoid probate?

Eric Roloson
  • Flipper/Rehabber
  • Kelso, WA
Posted

I found a lead in which property owners are deceased. The grandson which also claims to be "adopted" by his deceased parents is now living behind the home in a vehicle. He clearly has a drug problem. The house has been condemned by the city because water has been turned off and the city will not turn it back on until he shows legal ownership. He has not started probate. Taxes are in the rears and he really has done nothing productive.

Are any of you familiar with "Affadavit Lack of Probate"? I've read in WA that it can be an effective way to transfer title without probate. He says there are stocks and bonds that he would be heir to. My understanding is traditional probate would be necessary to lay claim to these stocks. I however am not interested in any of that, only the property.

If what he is telling me is accurate and that he just doesn't have the financial resources or mental clarity to move forward, what is the best way to help him if he is willing to sell me the property? I've heard this Affadavit would be much less expensive and faster than an ancillary probate. Can an attorney draft up a contract that spells out he is obligated to sell the property to me at the agreed price when title becomes vested in his name?

It appears there are limited heirs and no creditors. Does anyone have experience with this sort of situation?

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