Off market property that sellers have agreed to sell to me. But the parents divorced and the dad put his share of the property into a trust that was to go to the 2 sons. Then the father died and the mother died. Now I am trying to buy the property but the title company is saying the mother's interest should have gone through probate. The sons say they never did probate because the fathers Trust deeded the property to them. California. Any way to deal with this? What about a quitclaim deed from each son and then a quite title? Would that work??? Help if you can! Never had some complex title issues before.
Pretty common for divorce to create an unexpected probate requirement.
Trust the title company... open an estate, have a PR/executor appointed, convey the interest out of the estate to the heirs or directly to the buyer.
I have an attorney checking it out. Do you think it might be possible to buy the kids interest out with quitclaims and then quite title action?
I would think not (but I'm also not a CA attorney). Only the administrator (or the court via order under certain circumstances) can convey an interest in real property that needs to be probated, such as that of a deceased tenant in common like this ex-wife.
Pretty common for divorce to create an unexpected probate requirement.
Trust the title company... open an estate, have a PR/executor appointed, convey the interest out of the estate to the heirs or directly to the buyer.
I have an attorney checking it out. Do you think it might be possible to buy the kids interest out with quitclaims and then quite title action?
I would think not (but I'm also not a CA attorney). Only the administrator (or the court via order under certain circumstances) can convey an interest in real property that needs to be probated, such as that of a deceased tenant in common like this ex-wife.
The property is also under foreclosure. So I was trying to figure out a quick way to handle it. I will see what the attorney comes up with. Thanks for your input though!
Pretty common for divorce to create an unexpected probate requirement.
Trust the title company... open an estate, have a PR/executor appointed, convey the interest out of the estate to the heirs or directly to the buyer.
I have an attorney checking it out. Do you think it might be possible to buy the kids interest out with quitclaims and then quite title action?
I would think not (but I'm also not a CA attorney). Only the administrator (or the court via order under certain circumstances) can convey an interest in real property that needs to be probated, such as that of a deceased tenant in common like this ex-wife.
For what it's worth, one son is on title with the deceased mom. Maybe that would change things?
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