Investor · Sacramento, CA · Member since 2014 · 46 posts · 28 votes
We have an elderly gentleman (seller) who is not on the title of the house. His wife died last year and he is trying to sell the house in Sacramento (Tahoe Park area) for under 100K. He filed a probate petition, court ordered that 30% of the profits must go to the heir (a daughter of the deceased wife) which the seller doesn't agree with. (he claims that he doesn't even know her)
As an interested buyer, what can I do to get this deal? Is there a way I can pay the beneficiary (heir) to sign off / release the deal? (what form would it be?)
looking for advise from attorney, probate lawyer, or someone who had similar experience.
Just buy out the decedents daughter's interest with the assistance of legal help to type up the documents. Then file your own "Notice of Petition to Administer Estate".
A new probate process will start on your behalf. A probate case number will be assigned and it will be a "competing" case against the decedents spouse's case number. You never mentioned a will (did she die testate or intestate?) so Letters Of Administration will be granted as you will both become PR's for the estate as the spouse will have his own Letters for the estate as well.
Make sure you keep your court dates as the court may recommend dropping your case for further hearings.
Right now it's a title problem and your there to solve a problem.
No I'm not an attorney and this is not legal advise but I have experience as an heir to a probate case in Contra Costa county and this is what I focus on. I enjoy the research.
Attorney · Sacramento, CA · Member since 2014 · 300 posts · 172 votes
9y
Sounds like a complex situation because if the elderly gentleman is not on title how is he the seller? Is he selling under the authority of the probate court? If so, won't the court need to sign off on the QC deed? The court would need to sign off on any sale, no?
Even if the gentleman is not selling under the authority of the probate court, how is he selling a home that he is not on title of? Does he have the blessing of the title owner?
Since the home is priced so low in a hot market, I think this is worth hiring a probate attorney. Jonathan at Huber Law Group would be a great resource.
Just buy out the decedents daughter's interest with the assistance of legal help to type up the documents. Then file your own "Notice of Petition to Administer Estate".
A new probate process will start on your behalf. A probate case number will be assigned and it will be a "competing" case against the decedents spouse's case number. You never mentioned a will (did she die testate or intestate?) so Letters Of Administration will be granted as you will both become PR's for the estate as the spouse will have his own Letters for the estate as well.
Make sure you keep your court dates as the court may recommend dropping your case for further hearings.
Right now it's a title problem and your there to solve a problem.
No I'm not an attorney and this is not legal advise but I have experience as an heir to a probate case in Contra Costa county and this is what I focus on. I enjoy the research.
Nashville, TN · Member since 2015 · 83 posts · 38 votes
9y
Do a public records search to find out what attorney/s are involved with the probate matter. Then reach out to them and let them know about your conversations and interest in buying the property. They should be able to fill you in w the status of the matter and how you should go about trying to buy it; you may need court approval of the sale.