Heirship Issues/Clear Title

[Gregory Wesley]

I have a deal under contract and we are having some trouble getting clear title. Title has been working on this for a few months. They have completed a few affidavit of heirships but have a few more that need to be done but the heirs don't know a lot of the info ie marriage date/place, date/place of death. Do you guys know what can be done in this scenario?

[Ty Coutts]

This is tough. There are a few people that would be wise to reach out to in order to get this information. Talk to title insurance companies, title curator specialists, negotiate with the buyer, and finally, consult with an attorney. This is where I would start, I would also try to utilize public records. There is always a chance that this information is already out there. I understand that this is a weird situation and there is no clean solution, but I see it working. Best of luck!

[Gregory Wesley]

Thanks. When you say negotiate with the buyer, how do I negotiate? What’s my angle? Any Title companies and Attorneys recommended?

[Bill B.]

Has the property gone through probate? Does it have to?

[Gregory Wesley]

My understanding is that since there was no will, we need affidavit of heirships and no probate is needed.

[Peter Walther]

You might talk with a real estate/estate attorney and see if it's possible to open a probate, have a Personal Representative appointed and obtain an order from the court authorizing the sale of the property by the PR with the proceeds being deposited into the registry of the court for later distribution when all the heirs are identified.  If the attorney thinks it can be done, obtain a title commitment before starting so you can be reasonably sure a policy will be issued when you're done.

I have run into situations where some of the heirs of the property owner have themselves died leaving heirs and beneficiaries and sometimes some of those heirs have also died.  The estate of each of those decedents may need to be delt with before proceeding with the property owner's estate.

[Gregory Wesley]

Gotcha. Anyone have an attorney they'd recommend in the Houston area?

[Gregory Wesley]

Just checking again. Does anyone know an attorney that may be able to assist with this?