Thank you @Account Closed I appreciate your candor.
Perhaps I will go down the rabbit hole as far as my opportunistic senses will allow. I suspect I will hit a point when it is not worth the time/effort. However, as you mention the learning process will be advantageous to me. It's interesting and I will pursue and followup on the first steps you mention.
What are the implications if I verify the grandson was legally adopted by grandparents? Would it pass down 50/50 with the mother? This distribution is something I can look up in state code, but wondering if you know off the cuff.
My angle was to use an Affidavit of Lack of Probate to avoid probate as decedent did not have a trust, joint tenancy with right of survivorship, community property agreement, ect.
Once the affidavit is recorded with the county auditor, the net effect is to vest title to the "rightful" or legal heirs since there is no will. I would comply with estate tax obligations if necessary. Ever heard of transfer clearance certificate from IRS? I am not familiar with this.
My understanding would be the beneficiaries should buy title insurance to insure their vested interest in conjuction with recording the "affadavit". Title insurance companies may request an "affadavit" be signed on behalf of the estate (and/or by the heirs) as a condition of issuing title insurance. If a proper Affadavit Lack of Probate is recorded this is a document in the county records relating to the passing of a seller, which in effect, clears title.
Even if that has some validity, we have to look at your point. She may choose not to sell to me or at all! Can a competent attorney help draft up a contract that "new" owner will immediately sell to me or even do it at the same time?
I'm not trying to beat a dead horse just finding and creating paths to accomplish my goals :) thanks again for your input
