Seller wants to sell, but partner died...?

Seller wants to sell, but partner died...?

Wholesaler · Durham, NC · Member since 2018 · 157 posts · 50 votes

Hi all,

In Baltimore, MD I have a strong lead and the seller has agreed to sell however the property is in his name along with an LLC. The LLC is owned by his partner who recently died. I want to help solve his problem but am not sure what needs to be done. The next time I speak with him I want to add value with some good information and steps we will need to take. Thanks for taking the time to read!

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Tom GimerBusiness Member
DMV · Member since 2017 · 3k+ posts · 3k+ votes
6y

@Courtney Rollins First, pull the current deed to confirm the record owners. You can find the liber/folio on SDAT and the instrument itself on mdlandrec. 

If there is in fact an LLC on title as a co-owner with an individual, you'll need to determine whether the LLC was single-member or multi-member. If single, and the membership interests did not transfer via trust or otherwise outside of probate, an estate will need to be opened to transfer ownership of 100% of the membership interests to the heirs, who can then convey the LLC's interest. If multi, one or more of the other LLC members can convey it now and account to the decedent partner, or however the organizational docs deal with this scenario.

If you want to PM me the address I can point you in the right direction.

Gimer Law516 Reviews
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  • Attorney · Clifton, NJ · Member since 2015 · 1k+ posts · 328 votes
    6y

    @Courtney Rollins I would recommend you speak with a local attorney to determine if the property has to go through probate. Did the partner have a will before he died?

  • Realtor · Washington, DC · Member since 2018 · 166 posts · 88 votes
    6y

    Talk to a title attorney. They should be able to point you in the right direction and walk you through what needs to be done.

  • Tom GimerBusiness Member
    DMV · Member since 2017 · 3k+ posts · 3k+ votes
    6y

    @Courtney Rollins First, pull the current deed to confirm the record owners. You can find the liber/folio on SDAT and the instrument itself on mdlandrec. 

    If there is in fact an LLC on title as a co-owner with an individual, you'll need to determine whether the LLC was single-member or multi-member. If single, and the membership interests did not transfer via trust or otherwise outside of probate, an estate will need to be opened to transfer ownership of 100% of the membership interests to the heirs, who can then convey the LLC's interest. If multi, one or more of the other LLC members can convey it now and account to the decedent partner, or however the organizational docs deal with this scenario.

    If you want to PM me the address I can point you in the right direction.

    Gimer Law516 Reviews
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