ShortSale with married couple on dead but one spouse is deceased

[Terrence Thomas, Jr.]

hey ,how is everybody i have a situation where i have a married couple on a deed and/or title on a short sale property that i thinking im of working on the only problem is one of the spouses is deceased. There was no will and/or power of attorney in place.

How can i structure this deal ? what paper work is needed ?if get the living spouse to sign is that doable ?

[Scott Hubbard]

Originally posted by Terrence Thomas, Jr.:

hey ,how is everybody i have a situation where i have a married couple on a deed and/or title on a short sale property that i thinking im of working on the only problem is one of the spouses is deceased. There was no will and/or power of attorney in place.

How can i structure this deal ? what paper work is needed ?if get the living spouse to sign is that doable ?

You need to check your state's intestacy or succession laws. The spouse may not have the right to sell to you. When someone dies intestate, usually any direct descendant can make a claim to their property. Even though the property has no equity, it might take a probate hearing to determine that.

I am not familiar enough with Florida laws, but in my experience you need to make sure she has the right to sell. Secondarily, the lender may also request some additional documents for the short sale like a death certificate, will, or probate courts decision.

Another thing to look into is right of survivorship. Get a copy of the warrant deed to see if the wife as rights of surviorship. Meaning, in case of death, she can sell the property. A title company can usually help answer these questions for you too.

Good luck!