Deed in his dead dads name???

Member since 2022 · 43 posts · 7 votes

So I met a guy who is being foreclosed on. The home is still in the name of his dad who died 10 years ago, he never changed it. How would I go about buying this house from him?

Thank you.

0 Reply

71 views

Most Popular Reply

Marty Boardman

Real Estate Investor and Instructor · Gilbert, AZ · Member since 2010 · 303 posts · 332 votes

I've done several Arizona probate deals and they are difficult to close. Here's what I had to do:

1. Get a death certificate

2. Get a probate attorney for the estate (plus pay the legal fees because the family members were all broke) and follow the legal steps required

3. Get all heirs to sign the petition

4. Get all heirs to sign the deed to you

It takes about 3-4 weeks IF everyone cooperates. That's the trickiest part of it. Good luck!

3 Reply

See this reply in the discussion

18 Replies

Jump to latestLatest

Sort by

Malcomb StapelPro Member
Investor · Topeka, KS · Member since 2020 · 669 posts · 488 votes
4y
Quote from @Ben Boru:

So I met a guy who is being foreclosed on. The home is still in the name of his dad who died 10 years ago, he never changed it. How would I go about buying this house from him?
Thank you.

Depends on if it went to probate or was set up in trust, living will, etc. See what the kids says first, then you can always consult a RE lawyer and see how to get it deeded appropriately.
1 Reply
Ben Boru
OP
Member since 2022 · 43 posts · 7 votes
4y
Quote from @Malcomb Stapel:

Quote from @Ben Boru:

So I met a guy who is being foreclosed on. The home is still in the name of his dad who died 10 years ago, he never changed it. How would I go about buying this house from him?
Thank you.

Depends on if it went to probate or was set up in trust, living will, etc. See what the kids says first, then you can always consult a RE lawyer and see how to get it deeded appropriately.
He is depressed and having a hard time remembering all the details. I'm not sure he would know this information.
0 Reply
Bob ReinhardBusiness Member
Lender · Patterson, NY · Member since 2017 · 488 posts · 186 votes
4y
You have said that he does not own the house. Therefore, you cannot buy it from him.

If there was a will, probate is/was in order.
Without a will, absent any other names on the deed, a court proceeding will be necessary to determine who or how many now own the house based on heirship.

Much success

Bob
[email protected]914-861-5501
2 Reply
Ben Boru
OP
Member since 2022 · 43 posts · 7 votes
4y
Quote from @Bob Reinhard:
You have said that he does not own the house. Therefore, you cannot buy it from him.

If there was a will, probate is/was in order.
Without a will, absent any other names on the deed, a court proceeding will be necessary to determine who or how many now own the house based on heirship.

Much success

Bob

What kind of court proceeding and how do you set that up. How would the alive child living in the home not own the home by default barring any legal documents stating otherwise? Seems strange.

0 Reply
Bob ReinhardBusiness Member
Lender · Patterson, NY · Member since 2017 · 488 posts · 186 votes
4y
Each state is different.
Without legal transfer of title, the dad, or his "estate" owns the house. Title needs to be in the name of, or through someone who, can sell it.

Bob
[email protected]914-861-5501
2 Reply
Ben Boru
OP
Member since 2022 · 43 posts · 7 votes
4y
Quote from @Bob Reinhard:
Each state is different.
Without legal transfer of title, the dad, or his "estate" owns the house. Title needs to be in the name of, or through someone who, can sell it.

Bob

This look about right?...
0 Reply
Bob ReinhardBusiness Member
Lender · Patterson, NY · Member since 2017 · 488 posts · 186 votes
4y
I am not in a position to offer legal advice. I suggest that you consult with a local estate attorney.
[email protected]914-861-5501
2 Reply
Richard L TruittPro Member
Rental Property Investor · Palm Springs, CA · Member since 2022 · 6 posts · 0 votes
4y
Verify with the county property appraiser's office to confirm the legal owner of the property, if still in deceased dad's name, consult a probate attorney as to how to properly buy the home.
0 Reply
Nathan GesnerBusiness Member
Moderator
Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
4y
Quote from @Ben Boru:

So I met a guy who is being foreclosed on. The home is still in the name of his dad who died 10 years ago, he never changed it. How would I go about buying this house from him?
Thank you.

Walk away.
The DIY Landlord Book4.7247 Reviews
Website View Page
0 Reply
Marty Boardman
Real Estate Investor and Instructor · Gilbert, AZ · Member since 2010 · 303 posts · 332 votes
4y
I've done several Arizona probate deals and they are difficult to close. Here's what I had to do:
1. Get a death certificate
2. Get a probate attorney for the estate (plus pay the legal fees because the family members were all broke) and follow the legal steps required
3. Get all heirs to sign the petition
4. Get all heirs to sign the deed to you
It takes about 3-4 weeks IF everyone cooperates. That's the trickiest part of it. Good luck!
3 Reply
Susan Dobbs
Rental Property Investor · Port Saint Lucie, FL · Member since 2017 · 22 posts · 10 votes
4y
Quote from @Marty Boardman:

I've done several Arizona probate deals and they are difficult to close. Here's what I had to do:
1. Get a death certificate
2. Get a probate attorney for the estate (plus pay the legal fees because the family members were all broke) and follow the legal steps required
3. Get all heirs to sign the petition
4. Get all heirs to sign the deed to you
It takes about 3-4 weeks IF everyone cooperates. That's the trickiest part of it. Good luck!

This is perfect advice...I'd like to piggy-back on this advice and add that if you are able to do the above, also see if you can postpone the foreclosure by providing the contract with your future closing date to the judge (assuming the foreclosure auction date has been set and you even have enough time to complete the necessary probate issues AND stall the foreclosure at the same time). Best of luck!!
2 Reply
Chad McMahan
Residential Real Estate Broker · Sedona, AZ · Member since 2017 · 754 posts · 504 votes
4y
Quote from @Ben Boru:

So I met a guy who is being foreclosed on. The home is still in the name of his dad who died 10 years ago, he never changed it. How would I go about buying this house from him?
Thank you.

Hi Ben.
This sounds very messy. Is the opportunity so amazing it's worth trudging through it?
What is the time frame on the foreclosure? He never changed it? That's a toughie.
1 Reply
Ben Boru
OP
Member since 2022 · 43 posts · 7 votes
4y
Quote from @Chad McMahan:

Quote from @Ben Boru:

So I met a guy who is being foreclosed on. The home is still in the name of his dad who died 10 years ago, he never changed it. How would I go about buying this house from him?
Thank you.

Hi Ben.
This sounds very messy. Is the opportunity so amazing it's worth trudging through it?
What is the time frame on the foreclosure? He never changed it? That's a toughie.

I like the house and location and want to help them out. It would be nice. Middle of May is the foreclosure auction date.
0 Reply
Ben Boru
OP
Member since 2022 · 43 posts · 7 votes
4y
Quote from @Marty Boardman:

I've done several Arizona probate deals and they are difficult to close. Here's what I had to do:
1. Get a death certificate
2. Get a probate attorney for the estate (plus pay the legal fees because the family members were all broke) and follow the legal steps required
3. Get all heirs to sign the petition
4. Get all heirs to sign the deed to you
It takes about 3-4 weeks IF everyone cooperates. That's the trickiest part of it. Good luck!

Incredible information and clarity as usual Marty!
0 Reply
Ben Boru
OP
Member since 2022 · 43 posts · 7 votes
4y
Quote from @Marty Boardman:

I've done several Arizona probate deals and they are difficult to close. Here's what I had to do:
1. Get a death certificate
2. Get a probate attorney for the estate (plus pay the legal fees because the family members were all broke) and follow the legal steps required
3. Get all heirs to sign the petition
4. Get all heirs to sign the deed to you
It takes about 3-4 weeks IF everyone cooperates. That's the trickiest part of it. Good luck!

1. He has a death cert
2. The sibling that I'm dealing with says he is the legal executor of the estate (is that what it's called?) Does this help? He says this is why it is still in his dads name he didn't do anything about it.
3 & 4. He says this is possible

0 Reply
Gregory Stanley
Attorney · AL · Member since 2018 · 54 posts · 36 votes
4y
I see this a lot in Alabama: We call it Heir property, pronounced "Air property" for a reason. The son doesn't own it and no one can convey it without the court getting involved. In Alabama, all real property automatically passes upon death, but all real property must go through a probated estate to confirm who is the legal heir. Even small estates that qualify under Sections 43-2-690 through 696 must go through probate to convey real property. Heirship affidavits DO NOT convey the property, but they can establish a claim of right to quit the title on. Tax deeds, adverse possession, wills, and heirship affidavits all provide a claim, but all require an order by the court to convey marketable title.

Only real property that was conveyed (e.g. right of survivorship) before death can avoid probate. Here the will is obsolete because the estate waited too long, so probate will be more complicated and expensive because the Court will treat this as a "intestate" estate and all potential heirs must be notified because they all have a claim.

There are legal tactics that an investor can use in these cases that may bypass the probate process but there is no easy way for any heir to sell the property.
0 Reply
Dwayne Poster
Investor · Van Isle · Member since 2021 · 455 posts · 226 votes
4y
Quote from @Ben Boru:

Quote from @Marty Boardman:

I've done several Arizona probate deals and they are difficult to close. Here's what I had to do:
1. Get a death certificate
2. Get a probate attorney for the estate (plus pay the legal fees because the family members were all broke) and follow the legal steps required
3. Get all heirs to sign the petition
4. Get all heirs to sign the deed to you
It takes about 3-4 weeks IF everyone cooperates. That's the trickiest part of it. Good luck!

1. He has a death cert
2. The sibling that I'm dealing with says he is the legal executor of the estate (is that what it's called?) Does this help? He says this is why it is still in his dads name he didn't do anything about it.
3 & 4. He says this is possible

If he is the legal Executor, the property has been probated. Ask to see the grant, or search and pull court dockets to confirm. Pull the foreclosure documents to see if redemption still exists, and if so, write him an offer for clear title. He may need help with an attorney, and you should use one for specific language. If redemption has expired, your offer then goes for judicial review, along with any other offers.
0 Reply
Chris Horlacher
Attorney · Lakewood Ranch, FL · Member since 2008 · 38 posts · 13 votes
4y
Which state is this in?
0 Reply

Join the conversationCreate a free account to reply, vote on answers and follow this thread.