Take her to court .

So if you buy it, a court can say that the title belongs to someone who did not sell it to you so your sale is not valid. 

To be a US trust must meet both the control test and court test (jurisdiction).

I obviously don't expect to get much money back would be happy just to get my apartment units back but thinking of taking tenants to small claim court in parallel to UD to put extra pressure on them.

If it doesn't cash-flow well enough, then you can sell and NOT have to pay income tax on the profits if you lived there 2 of the last 5 years as your primary residence and use the proceeds to buy the next property.

Tax code is vague and therefore there are many tax court cases with mixed results.

Most do through individual, and plenty of tax advantages already mentioned, in addition to what's becoming more and more of a trend, which is rolling proceeds from one deal to the next, ie a 1031exchange.

If you want to defer all tax you must purchase at least as much as your net sale and use all of the net proceeds in the purchase or purchases.So two very common 1031 strategies are 1.

Anyone have any recommendations on how to proceed?

Small estate affidavit form file in the county court where he lived IF personal property less liens is $75000 and real estate is less than $10000 minus loans or property tax.