Probate Question: Heir of the decedent kills the deal
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.
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- Real Estate Agent
- Sacramento/Placer ~ San Francisco Bay Area counties
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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.
Good Luck!!!