Can I legally enter into a contract if the seller needs to get the deed switched?

[Mike Schorah]

Her boyfriend passed away. She was incarcerated. She needs to get the deed switched into her name. It’s in pre-foreclosure. She said that it costs $400 to get the deed. Then she says that she can sell it. She hired a probate attorney. She gave him $2k. Not sure what happened after that. She is definitely looking to sell the property.

In my Purchase and Sale Agreement, I have the following clause:

CLOSING DATE AND TRANSFER OF TITLE: This transaction shall close on or before ______________ 20____. Closing will be held at ____________________________________________ and Seller(s) agree to transfer marketable title free and clear of all encumbrances except those listed and pay any required state taxes or stamps required to record deed and mortgage. ______ agrees to furnish title insurance in the amount of the purchase price, showing no encumbrances or exceptions other than previously noted.

[Tom Gimer]

A girlfriend (who was not a named joint tenant on title) would be entitled to zero in probate unless she was a named beneficiary in boyfriend's last will and testament. No will = no gift = no deal, period.