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Updated over 7 years ago,
Can I file a probate even though I am not related?
Hi I am new at this, first off I didn't really know what category to put this in... Thanks in advanced to reading and your input, used or not, it is truly appreciated!
I have opened a discussion about certain details of this deal before but thinking about paths to go and wanted some advice.
Here's the deal: I find a property in tax sale, got sold in tax sale to lien holder, owner is dead, no heirs have shown up. I dig and dig around and find heirs, a brother and a minor. Rotting flesh is still there about a year after he died. Morgue came, took him after 2 weeks according to police report, no one claimed body. Only now is brother claiming house. The brother doesn't want to open up probate and doesn't tell me about the child (his nephew) , tries to sell it to me, but can't because it would have to go through probate. His attorney suggested that they might buy it from the Lien Holder. The property is not worth what the lien holder bid on it (about $200K) and would still need to go through probate because you can't serve a dead guy.
Now I am trying to contact minor's mom to give her the news that deadbeat dad (dna test, court order, child support) has a house that I want to buy. Found some old numbers and spoke to some family member using google translate and got hung up on in another language. I found her address, I know where she lives, I know how much she owes on her property, I know how old her child is (15). I can't find her number.
Say that I go to her place, wait around until she comes by (not creepy at all :P) and then tell her, you know that guy that your sons dad? well he died and I want to pay for you for the house, legal fees and all. Or send her a letter a long the same lines. I have 2 options here: she will either say, "Yes! You don't sound crazy at all!" or say, "No" and get a court order for me to keep my distance.
Is there an option for me to file probate and then go talk to her? I can be the PR and deal with her and the brother at a better standing position. I understand that there might be debt and a chance I will get burned but getting turned down without the opportunity to try is bugging the sh!t out of me. Did I mention the property is already sold at tax sale? I only have like 3 months before they have the right to start foreclosure proceedings.