Owner passed away intestate

[Latoya Pryor]

Hello All,

I have a situation.  Spoke with a son who mom passed away intestate.  He has one sibling.  He is interested in selling the property but unsure what steps need to be taken.  He believes there was still a mortgage on the house but the mortgage company has closed down.  Can someone help me in what steps he can take to get the home in his name?  Does it even pass down to him and his sister?  

[Latoya Pryor]

Also want to add the home is still listed as the deceased mom as the owner

[John Norman]

Latoya, 

I am just seeing this post. I am in Richmond and a local investor/Realtor. I have learned the probate/estate process over the years and can help guide you and the family. 

Reach out to me on here

[Chris Seveney]

@Latoya Pryor

A lot of unravel. Was probate filed? If home is still in her name it cannot be sold

In regards to mortgage if lender is no longer in business then someone else took it over, it does not go away. It will need to have a satisfaction issued otherwise it will be difficult to get clear title

[Bill B.]

Simply look at her checking account. You’ll see monthly payments. Often the county website shows parcel transactions as well. Hopefully she has 10-20k in cash in her accounts to help pay for the probate process which could take 6-12 months. The person assigned to it will probably be in charge of the sale as well. 

Try to make sure the utilities stay on, the fridge is emptied, any pets have been re-homed, try to prevent squatters, etc etc. 

[Tom Gimer]

Quote from @Latoya Pryor:

Hello All,

I have a situation.  Spoke with a son who mom passed away intestate.  He has one sibling.  He is interested in selling the property but unsure what steps need to be taken.  He believes there was still a mortgage on the house but the mortgage company has closed down.  Can someone help me in what steps he can take to get the home in his name?  Does it even pass down to him and his sister?  

If mom had no spouse, the living children (in the simplest scenario -- no dead children who have descendants) own the property by operation of law. How to best make that "official" depends upon their plans. If they both want to sell, they could do so through probate via a deed out from the administrator directly to the buyer with a division of sales proceeds less creditor claims, etc. at a later date. If they just want to take title that could be either through probate or the filing of an heirship affidavit (similar effect to the recording of a will) and thereafter ownership of the property transfers on the books.