Heirship, Probate, Guardian of Estate Question

[Alison Emmert]

Hey BPers!!! I need some help/advice as to what I should do with a possible subject-to I have with a house that is suppose to be auctioned May 2. I received a phone call from a direct mail campaign I sent out and the lady said that she needed to sell her grandmothers house because she could not keep up with the payments after her grandmother passed away and wasn't about ready to give it back to the bank. I asked her if grandma had a Will which she denied. So of course I asked about a spouse or children. The lady (grand daughter) said that her grandmother had never been married and that the only child was her mother who had passed before her grandmother passed. She said that while her grandmother was still alive, she was granted guardianship of her grandmother and her estate, which I know ends when the ward passes. The issue I have now, is that the grand daughter swears up and down she has the right to sell grandmas house. If she is the only living relative, she has heirship to the property, but her name is not on the deed and there is no paperwork besides the certificate of guardianship of her grandmother and her estate (which was done 1 yr prior to grandma passing away). She does though have an Affidavit of Heirship to her grandmothers vehicles, just not to the property. My question/concern is does the grand daughter still need to Probate the estate (which she claims she doesn't) and put her name on the deed for the transaction to work? Thank you in advance!! :)

[David Benton]

I'm interested in seeing an estate attorney or real estate attorney answer this. If an attorney doesn't answer I would just call the probate office and ask them.

My understanding is that she still needs to go through Probate... Will = No Probate, No Will = Probate.

If you can gain control with an option or whatever your preference and get a tenant, lease option buyer in place at a break even cost to mitigate risk you may want to move forward with a contract stating she will file Probate and if not you will not be held liable for any loss. If any proceeds are due her she gets them once you get the deed after Probate. 

Very little risk as long as you don't come out of pocket.