Investor · Minneapolis, MN · Member since 2013 · 59 posts · 11 votes
Have a distressed property I want to pursue that needs a ton of work but has awesome potential as a fix/refi/hold.
The owner of record has deceased for a few years and the neighbor says the deceased owner's girlfriend still lives there.
What steps can be taken to track down the estate and "relocate the quatter" to make a sale possible?
Thanks for any assistance!
Lender · Greater LA/Orange County area, CA · Member since 2012 · 3k+ posts · 3k+ votes
10y
Some strong opinions.
Since you don't know the backstory, it's quite possible that the girlfriend has more than just possession.
In essence, you'll need to determine next of kin of decedent.
While at the courthouse, check out the Decedent's death certificate for clues. Also, check to see if a probate has been started or stalled at any point.
Once you go down the buy out the legal heirs route, you will like be in an adversarial position with the girlfriend, so consider the eventual cost and delays of eviction in your plan.
Residential Real Estate Investor · Kansas City, MO · Member since 2014 · 10k+ posts · 5k+ votes
10y
You would have to talk to an attorney, particularly regarding your state's individual laws regarding so-called "squatter's rights." But if the girlfriend is not on the deed, she shouldn't in any way be clouding the title. I would suspect you can just purchase the property and then, if necessary, evict her. (I would try to do a cash-for-keys deal first.) But again, talk to a local attorney first.
Realtor · Atlanta, GA · Member since 2015 · 693 posts · 357 votes
10y
I hate that squatters do what they do. It's not fair that they can do that in a house that someone else owns, yet if you try and stay at a business or restaurant after it closes, you'd get arrested because you're not supposed to be there. It should be the same. I really feel for people who have to deal with that and hope I don't one day end up having to face that situation myself.
Lender · Greater LA/Orange County area, CA · Member since 2012 · 3k+ posts · 3k+ votes
10y
Some strong opinions.
Since you don't know the backstory, it's quite possible that the girlfriend has more than just possession.
In essence, you'll need to determine next of kin of decedent.
While at the courthouse, check out the Decedent's death certificate for clues. Also, check to see if a probate has been started or stalled at any point.
Once you go down the buy out the legal heirs route, you will like be in an adversarial position with the girlfriend, so consider the eventual cost and delays of eviction in your plan.
Investor · Kern county Riverside County, CA · Member since 2008 · 494 posts · 261 votes
10y
Unless you know more info than you have stated, why is the girl friend a "mysterious squatter". It sounds like she is both known and has some sort of legal standing. At a minimum there is a legal tenant standing.
Let's use an example: my lady and I live in a house together for many years. For a myriad of reason we never legally marry. But she pays a good portion of the bills and helps me with the up keep of the property. Our intent is to live in the house forever, raise our family, and live happily ever after. We profess this to each other often. I may have even written this down somewhere. Then I suddenly die. My devoted lady is devastated and heart broken. Now an investor comes along who is sniffing out a personal profit off of the loss, and refers to her as a mysterious squatter on a public forum asking what the best way to kick her to the curb is? Hmmm.
Lender · Fort Pierce, FL · Member since 2009 · 825 posts · 486 votes
10y
First, read "The Occupants from Hell" thread here on BP when you have a few hours (seriously). That is the worst of the worst of the worst.
Second, if the owner has dies "a few years ago" then this asset should have passed through probate court by now (I'm not an attorney and do not know the probate laws in any state nor do I know the average time that it take for property to pass through probate).
The probate court records should show the transfer to a new owner who could be this girlfriend or it could be some long lost family that may lay claim to this property. The more dollars involved, the more of a "rough sea" that you will face from the squatter or long lost heirs.
As another poster mentioned, a good place to start is by talking to an attorney ..... that conversation could save much heartache and many dollars down the road.