9 Replies

My associate and I are trying to flip a property . The deceased owner. died without a Will .The owner has 2 adult sons. One is mentally incompetent and the other is incarcerated. The sons are the only heirs. The son that is incarcerated is interested in receiving proceeds from the sell of the property. Does this son have any legal rights to sell this property to us ? If so what would the son have to do to legally sell the property to us ?

The probate would typically be handled by the public administrator of the county the deceased resided in. They would take care of the sale of the property.

Thanks Micheala,

By the way beautiful name;)

Why couldn't the incarcerated son open probate and petition to be the administrator? Is that not allowed? 

Or could you buy their interest in the estate and then open probate yourself and probate the estate yourself?

I always have to ask "WWRD"

What would @Rick H.  do?

Courts seem to frown on incarcerated persons being appointed to positions involving authority and fiduciary duties.

There are two other issues, at minimum:

1) Proceeds going to a person in jail or prison. If more than several hundred bucks, I've found that they generally cannot accept money themselves

2) Mentally challenged adult child may have no power to accept or assign his interest.

Still, I'd be in favor of getting an assignment, declination to serve and nomination for appointment. You could always have a third peaty perform that duty, however court may require they be bonded.

If it were me, I'd try to buy on terms (seller financing) as this solves a lot if problems.

Whose going to be on the H.C. Call tomorrow?

I'm in. I received the email with the call info.

Thanks Rick!

I'm in. 

Thanks so much for all the helpful input :)

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