Probate / Legal Issue?? / Multiple claims to ownership..

[Vanessa Ryder]

SO I am negotiations on this property. Listed for sale by the Trustee or the Estate of the owner (who passed). Now my RE agent told me that the aunt/ caretaker of the owner (who was living in the house), which is also in foreclosure, has decided she owns the property (without giving any proof) and has now hired a lawyer so apparently now it has to go to probate? 

She is not on title (the Trust is), so I am confused. 

1) on what grounds she can claim ownership? Unless its a lawyer feeding her hopes, but what's in it for him??!!  (she hasn't given any documents substantiating her claim, and is not on title) 

2) IF it goes to probate court, is it so the Judge will decide who gets the house?

3) Where does the probate "overbid in court" piece fit in? As the buyer, will it all happen at once the day the Judge decided who has claim to the property, or separately?

Would appreciate any and all input on this!!! Thx!!   

[Rick H.]

If this is in CA courts, it will literally be years before any resolution. 

Meanwhile, you're putting your hopes on a deal that cannot close as an insured sale nor likely to offer any chance of possession during the course of litigation or mitigation. 

Unless you control all the pieces, you have little chance of putting the deal together. It may cone together at done point in the future, however not much you can do with a trustee as seller who is unable to pass title.