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Updated about 5 years ago on . Most recent reply

Account Closed
  • Specialist
  • Paradise Valley, AZ
2,935
Votes |
3,447
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How Clear Title After Probate 5 Heirs - 2 Heirs Have Liens

Account Closed
  • Specialist
  • Paradise Valley, AZ
Posted

How To Clear Title After Probate 5 Heirs - 2 Heirs Have Liens (Unpaid Child Support)

I bought an un-probated property Subject To. Naturally I had a title report pulled and it was clean. I gave the heirs some good faith money contingent on them clearing probate which they nearly had completed anyway.

Once probate cleared we pulled title again and turns out two of the five heirs are bad boys and haven’t paid their child support and it turns up on title. Everyone involved and the property are in Arizona.

I am assuming from what I’ve read that the inheritance gets split 5 ways (there are 5 heirs). So purchase price of $169,000 minus mortgage $160,000 minus seller closing costs $1500 leaves $7500 divided by 5 heirs and is $1500 each. So, each of the two heirs amount should go directly to the state.

I haven’t run into this issue before so I’m interested in knowing how it would be resolved. I’ve called 4 attorneys who do probate but it is too small of an issue for any of them to take an interest.

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