Skip to content
×
PRO
Pro Members Get Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
$0
TODAY
$69.00/month when billed monthly.
$32.50/month when billed annually.
7 day free trial. Cancel anytime
Already a Pro Member? Sign in here

Join Over 3 Million Real Estate Investors

Create a free BiggerPockets account to comment, participate, and connect with over 3 million real estate investors.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
The community here is like my own little personal real estate army that I can depend upon to help me through ANY problems I come across.
Buying & Selling Real Estate
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated about 5 years ago,

User Stats

15
Posts
1
Votes
Michael Waite
  • Elmont, NY
1
Votes |
15
Posts

Seeking advice and a good NC probate attorney referral

Michael Waite
  • Elmont, NY
Posted

I have a contract on a NC property and it appears that the probate process hasn't started. I haven't done a probate deal before and I'm not sure what to expect. I'm assuming my next step is to locate a local probate attorney who can move the process along. 

My seller, the son of the deceased homeowner, showed evidence that he is executor/administrator/fiduciary of the estate. Court docs appear to show that he is the sole living heir to the owner of record listed on the deed. I signed the contract with the son who currently lives in SC. My contract says that due diligence starts after probate has been finalized. 

The son has been to court to contest a fake will submitted by a woman who also claimed to be the father's current wife. I turns out the father and his estranged wife (mother of the only son, the man I contracted with) had never been divorced. He presented me with the court orders that rectified these issues. He had addressed these issues without a lawyer so the probate process has not started. I'm hoping that process can be expedited since he has court orders granting him the sole heir and the administrator of the estate. His mother died during the process of clearing these issues up and gave him power of attorney prior to her death. 

The son lives in South Carolina and doesn't know if anyone is living in the home or what condition it is in. I had a friend drive by the house and confirmed that someone is in fact living in the home and took pics of the exterior for me. I'm wondering if he can start eviction proceedings. The court orders are from 2017. I'm assuming whoever is living there probably has been living there since then. Should I wait until the attorney gets involved. Does he have the right to evict now and take possession? Someone has been paying the taxes.

I would appreciate any and all advice on next steps and referrals for a good probate attorney.

Thanks.