Finding a previous owner's next of kin?

Question

I'm part of an small investor group that purchased a property at the Tax Foreclosure sale last month. Normally, it's an owner or tenants of an owner still in the house. This time has been different. The owner passed away in March 2011. Her husband had passed before her. There was a fire in the property in 2012, but no ownership change. Since then, it has been (we believe) unoccuppied. In Texas, the owner has a 6 month redemption period to pay back our purchase price plus 25%, after which we own it with no problems. If we can get a Quit Claim Deed signed before the 6 months are up, we can begin our rehab, legally.

Our problem is this... We have no idea how to find out who the next of kin is. Or if there was a will. And, if there is a will, who has the legitimate claim to the previous owners inheritance.

Is there anyone here who can point us in the right direction or offer advice.

Thanks in advance

-Jeremy

Our problem is this... We have no idea how to find out who the next of kin is. Or if there was a will. And, if there is a will, who has the legitimate claim to the previous owners inheritance.

Is there anyone here who can point us in the right direction or offer advice.

Thanks in advance

-Jeremy

Bruce Lynn · Answer

Your title company may be able to help you.   If they're doing the title work while you prepare it for sale, they will tell you what you have to do to get it ready for title insurance.

Next idea is to ask the neighbors.

Might also check with post office for forwarding address.

Jeremy Trubenstein · Answer

Josh,

Thank you for the in depth comment. It's not a homestead/agriculture exemption, so thankfully it's only a 6 months wait. We saw no other liens in our research. I'll call the law firm involved with the sale and ask a few more questions.

Thank you sir

Jeremy Trubenstein · Answer

Jim,

I will talk with our Title Company. We haven't had any problems in the past, but peace of mind would be nice. Thank you sir!

Jim Cummings · Answer

Jeremy

be careful of Quit Claim Deeds - Very few if any Title Companies (in Texas) will recognize a Quit Claim Deed.

Josh Carr · Answer

@Jeremy Trubenstein You're 6 months is effective providing all interested parties have received notification.  Even though the owner has passed there may be a mortgage on the property or other liens ie, IRS, Mechanics etc.  Everyone would have to be notified.  I would start with the county to see if there are any liens against it such as a mortgage.  If all of the notifications have been sent out per the County or the law firm, assuming it is the law firm of Publicans, one of the largest, then they would know.   Maybe the questions would be asked differently if you are looking for what they have done towards the redemption period time frame.  Once the 6 months is up  you can try and suppress the title giving you a clear title.  If you check with the recorder's office of the county anything recorded could be used against the property and without proper notification your 6 months doesn't count.  Find out if there are any exemptions on the property even if the occupant has passed.  If a homestead or any other type of exemption is in place your redemption period is extended and could be up to two years depending on the will or trust of the deceased.  The thing is if the owner has passed there won't be any payment, just a longer wait if it has been willed to family members, etc. Performing a valid title search will give you this information.  Let us know how it turns out.  Even 5 months can seem like an eternity when you are playing the waiting game.

Jeremy Trubenstein · Answer

Thanks Robert. I'll try the family tree. I've been to the county clerks office, no help there. Tried to google her, and last known addresses and numbers. Called all of them. Sent FB msgs to any name that popped up as a possible relative. We contacted one attorney and got the cold shoulder treatment. Tried the obituaries for possible mentions of the remaining family members, too! Seems like dead ends everywhere. Thanks again

Robert Hudson · Answer

Contact the county courthouse and see if a will has been filed for probate. There is a free site called familytree.com. You can enter the deceased persons name and possible associates and relatives names will pop up and their addresses.