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Re: Probate question

Posted by Kristine-Ca on November 06, 2009 at 7:37 PM

In Reply to: Re: Probate question posted by BTI on November 06, 2009 at 11:07 AM

BTI: great story. And familiar.

Buyers making offers on listed probate properties are going to be in getting title in order to close. The title company makes the call on what docs they'll need and what docs they'll accept...and insure. IMO, it's only if title finds something amiss that can't easily be solved that the original poster look into details regarding the estate. That's when you can sometimes make a better deal. That's when probate problem solving comes into play.

I'll agree that agents don't know much about probate though. They want the listing, so they take the seller's word that they have power to sell. But any issues there come up in the prelim.


: Jane

: Your post gave me a flashback. Grandma died and 3 siblings were selling her home as the sole heirs. When I was doing my due diligence I found Grandma bought the property with her second husband but the quit claim deed she used to transfer his share was created and signed two weeks after the date of his death certificate, good trick. So now his heir's could crawl out of the woodwork. Plus when Grandma made her will there were 5 siblings and their share of the estate would pass on to the estate of each if they died. So the 3 siblings were trying to cut out their nieces and nephews. So don't assume anything, the listing agent thought everything was fine, the siblings attorney who was never shown any will thought everything was fine. The siblings just thought there was little chance of anyone finding out about anything and would split the loot. But I checked Grandma's husband's estate and found out they had a joint will and upon the death of one, the intent of the dead spouse can't be changed subsequently even though Grandma tried with a new will.

: BTI



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