Deceased Homeowner- No will- Need help getting property

[Scott B.]

BP Family, I am a new member with a situation. I am trying to acquire a property is Raleigh NC. The homeowners passed away over 8 years ago, no dependents. Property went to the surviving family members (9 siblings and their kids if sibling passed). Currently 1 member has been caring for the property for years paying taxes and upkeep to avoid foreclosure. Caregiver is tired of paying taxes and what to get rid of the property. I have spoke with a real estate lawyer and they have informed me that I have to get signatures of all the living members and or their children if deceased to sign over their claim to me in the home since the original owners did not have a will. I have acquired roughly 27 signatures- still have about 10-15 to go. Some folks are unwilling to sign and some live out of state and no one knows how to contact them. The caregiver feels that since he has paid taxes for over 8 years he is the owner and he should be able to do as he wants since he has paid taxes and provided upkeep. Is there a easy way for me to work directly with the caregiver of the property and not have to go through the hassle of all these signatures. Caregiver is the only one who has invested interested in this house and wants out of it due to old age and increased taxes. Thank you for your time.

[Chris Martin]

The owner died intestate. The OP identified the scenario at hand, which seems consistent with NC state code (NCSG) on Intestate Succession. Browsing the NCGS chapter 47B, the Real Property Marketable Title Act, it seems to me the self-described 'caregiver' has 22 years to go unless you get the signatures required by probate court. 

Honestly, you've done quite a job to get 27... but this is family and the hard part, the remaining signatures, remains. We don't know the financial or sentimental values involved. Personally, if I were in the 'caretaker's position, I would have not paid the taxes and let the property go to tax auction.  Surplus, if any, would go to the estate and the probate court would do the distribution to the court defined successors. 

Good luck with getting the last signatures. This looks like a nightmare. The most unrelated parties I've ever had on a deal was 18. The sad reality is it only takes one person to hold up everything. Sometimes, these cases last decades. I found an example that lasted 26 years. Even with a will, things got really convoluted. Below is an example history, where a single owner transferred died (not clear if intestate or testate) and deeded partial interest to 19 people in 36 part increments. Decades later, ownership got to 8... as in 1/8 each. Then, ultimately, the collective ownership wised up and put everything into a "X HEIRS LLC" (X withheld for their privacy.) The property appears to be valued at mid 6-figures. LLC membership interest (and economic interest) in NC is treated as personal property, so members can (if the Operating Agreement supports it) sell their interest and the LLC will continue on. The lessons here: 1) have a will; 2) use entities like an LLC when there are lots of people involved. Lots cleaner. Disclaimer: I am not an attorney and this post is for entertainment and not legal advice.