Deceased, no heir.

5 Replies

I found a property that the owner is actually deceased and have been for the last three years and no one knows. City records have him still living in the house. He has a son in the military and his son does not want anything to do with the house because he believes there is some other liens and all this other stuff on the house. I've done research on the property and I've gone to a title company who pulled up all of the information on the property. The only liens that are on the house are the city liens overgrown shrubbery and not taking care of the property along with three years back taxes. Here in St. Louis Missouri the city will take the house after three years of non-paid back taxes mind you the house is free and clear per title company. They have not done it yet and I want to acquire the property before pre-auction. I spoke with the son because I have researched and researched and found the son and he said he don't want anything to do with that property absolutely nothing at all in fact. I spoke with the grandparents and they said that his father didn't claim him growing up so he doesn't want to have anything to do with the property at all and let the city take it. I don’t see any notice of his death. There are currently $3150 in judgments against the owner, all in favor of the City Public Safety-Building Division. There is also a sewer lien for $1360 and at least $5000 in delinquent taxes. There are no mortgages on the property. The property is in a prime location in South City St. Louis. I will pay all of it to acquire this property. I need to know what I can do to make this happen. Title company said to Record an Affidavit of Death listing the son as the sole heir, but he doesn't want anything to do with it. He doesn't want to be affiliated with the property in name or anything else. I need to know what steps to take from here. Please help!!!

Wow! What a long paragraph. Care to breakdown, get to the point and re-post? 

Originally posted by @Rick H. :

Wow! What a long paragraph. Care to breakdown, get to the point and re-post? 

 It had all the details. I want to buy a property but the owner is deceased over 3 years and the heir doesn't want to claim the property or have anything to do with it. Title has checked for mortgage and liens. Only liens which I'm willing to pay including back taxes. The city will take the property soon. They don't know the owner is deceased.

Rick Harmon and Wayne Brooks are definitely the experts here. My suggestion is to go into the city and offer to buy/pay for the unpaid taxes. They usually auction unpaid property taxes off annually anyway. Laws vary by state but after a certain amount of time has lapsed you can take action to claim the property. You may have to do a quiet title at the end of it which costs a couple of grand using an attorney.

Every one of these opportunities start the same way: someone finds a house or other property that's vacant. 

I use a format that helps keep my research organized: PETIO.

PROPERTY

EQUITY

TITLE

INTERESTS

OPPORTUNITY

Since you've done your research and (presumably) determined that there's sufficient equity net of repair costs and liens.

Your current challenge is that you do not have standing to pass marketable title. If you were to go the probate route, you need capacity, powers and authority (the 'CPA's') to do so. That opens up a whole can of worms.

There's no such thing as "no heirs". It's always a matter of how many degrees the relatives are and the threat they pose to pursue their interest(s). 

As to opportunity, that has to do with all the various Plays that you might approach this both strategically and tactically.

If it were me, I'd approach the decedent's Son and get both assignment of beneficial interest in decedent's estate and QuitClam Deed and go forward from there.

See how breaking up a long post is easier to read and understand?

Originally posted by @Rick H. :

Every one of these opportunities start the same way: someone finds a house or other property that's vacant. 

I use a format that helps keep my research organized: PETIO.

PROPERTY

EQUITY

TITLE

INTERESTS

OPPORTUNITY

Since you've done your research and (presumably) determined that there's sufficient equity net of repair costs and liens.

Your current challenge is that you do not have standing to pass marketable title. If you were to go the probate route, you need capacity, powers and authority (the 'CPA's') to do so. That opens up a whole can of worms.

There's no such thing as "no heirs". It's always a matter of how many degrees the relatives are and the threat they pose to pursue their interest(s). 

As to opportunity, that has to do with all the various Plays that you might approach this both strategically and tactically.

If it were me, I'd approach the decedent's Son and get both assignment of beneficial interest in decedent's estate and QuitClam Deed and go forward from there.

See how breaking up a long post is easier to read and understand?

 Can you get a Quitclaim Deed if the son states that he wants nothing to do with it the property, he doesn't want money? He said, "Let the city take it!" He doesn't want his name associated with the property in any way.

And yes, breaking the post up is much more understandable. It's a bit more difficult if your typing via iPhone in the middle of the night. I apologize.

Thank you for your response.

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