Affidavit of heirship help

12 Replies

Hi everybody,

So I have a home I came across that the owner of the home died and he had no will. He also had no children or wife either. All he has is his parents and 2 brothers/1 sister. All of the family want nothing to do with the property here in Merrillville, IN. I looked at another thread concerning Affidavit of Heirship but don't quite understand how it will work when there is no children or wife to the deceased but his siblings and parents. If all agreed for one of the siblings to handle the affairs of the home and I was able to convince the sibling put in charge of the home to deal with it to do a Affidavit of Heirship, can it be done? 

The original plan for the sibling put in charge to handle this home was him and his wife were going to simply let the house rack up in taxes so the city will let it go to tax sale. They don't want to do a probate process or open estate AT ALL. So I want to find a easier way so that me and my partners can buy the home from this sibling put in charge of the home. Will a Affidavit of Heirship work and how do we go about this?

Visit with a local probate attorney. He or she should be able to sort this out for you. Good luck.

your title company will tell you exactly what they need because they are the ones that will insure clear title.

Go direct to them and get exactly what they need.

@Chavis Atkins ,

In this case, the intestate (no will) heirs are the parents.  Contact Mike at Eagle Land Title; he and his staff attorney will do the job smoothly for you, at very reasonable cost.

Thanks @Dave Metsker,

I'll give him a call about what he can do then. I don't want to do anything probate related as that will take too long. As for the other replies I don't quite understand the point in responding to the thread when you didn't read through my entire post. I don't want to have anything with a probate attorney or anything probate related. I want the fastest possible way so that one of the family members can sell the property to me. I still haven't got a clear understanding of this Affidavit of Heirship in this situation. Can someone explain how these Affidavit of Heirships work for this situation for this family if the PARENTS don't want to have anything to do with the property but a sibling is.

@Chavis Atkins

The parents are first in line as heirs.  All they need to do is to sign the Affidavit of Heirship and the deed, in order to transfer the property to you.  Otherwise, if they will not sign these 2 documents, they must sign another document which transfers their interest to the sibling.  This way will probably require a full probate, which you want to avoid.  Offer some money to both the parents and the sibling, in order to use the first option.

The laws of intestate distribution, legally referred to as the law of consanguinity, are very specific in each state.

You are trying to buy an asset owned by the decedent's estate. Not the equity of one or more heirs. Keep that clear.

As other have suggested, let your title company advise you of their required documents to pass marketable title to you. 

The really big issues are typically related to threats from competitions claims to title as well as u satisfied creditor claims.

My buddy has this exact same deal in escrow right now. You don't want probate, but is that only because the heirs don't want to do it? Here is how my buddy is handling it;

He got the heirs to sign an agreement that upon obtaining title through probate, they agree to sell it to him. He opened the probate and everything is going along just fine. There was a long list of creditors that showed up, but the payoffs were all quite low. He paid $2-3k for the whole process plus the back taxes and creditors.

I've done this same deal and told him how to do it. He presented it to his lawyer and he wrote up the contract. It ensures you get clear title and I wouldn't do it any other way, but my experience is extremely limited in this realm of real estate.

Thx everyone for their input. Now my next question is it I go the route of Affidavit of Heirship or Small Estate Affidavit for Indiana, the home is worth ARV 110 but the home in its current condition which is extremely bad is no more than 25k. The law for Small Estate Affidavit to bypass probate is that the entire estate must be under 50k to do it. Will they look at the ARV of this home in determining if the home can bypass probate or they will look at the condition it is currently in?

Btw, the whole family DOES NOT want to go thru probate. When I found them their plan was to simply let the taxes rack up on the home and let it go to tax sale. So I'm trying to convince them to let me handle this and they can get something in the process. They cool with that but need me to explain exactly what they will be getting into and what I need for them to do so I can get this home from them without involving court and all that mess.

Also this information that I keep getting about going to my title company has lead me nowhere as they simply said probate or Small Estate Affidavit but how do I ensure that when one of them becomes the owner that they will be selling it to me. Have them quitclaim their interest which is none as of now to me and when one of them do get ownership through whatever means them I automatically have that said persons interest so I can do what I want with the home from there?

So why dont you do the small estate affidavit with the heirship aff like the title company is suggesting?

Also, nothing is "automatic".  Work through he process, gain trust.  If the family doesn't want the house and you did a good job building rapport, what makes you think they are going to try to cut you out?

Hey @Chavis Atkins

 I wanted to ask a few questions that might help to understand the Aff of Heirship. I used to work for Carmax and we used them to buy cars from people all the time. I know there would be some differences from real estate but it might help you figure out what to do because everyone above seems to be giving solid advice. 

When I processed the Aff of Heirship there had to be a will or death certificate present. You said there is no will so there should be a death certificate. On the D.C. it has to show who the next of kin is or the person of notification upon death. This person is the only person that can legally complete any paperwork after the owner is deceased. The only way around that is for them to transfer the property to someone else (which requires the Aff of Heirship). Once you have the next of kin present you have to have the affidavit filled out based on the title from the property being sold and signed by the seller, the buyer and a notary. 

I would suggest that you call a notary about the affidavit and the ability to purchase a house with one to clarify any questions. But the folks above me have been doing this longer and I would hear them out. Additionally I agree that if you have built the rapport with the family that you can get anything you need to done. Just keep positive and make sure that you answer any questions they might have. 

Good luck, and let us know how it goes. 

I had a quick thought, if it goes to Tax Sale like they were wanting to do would they incur some form of expense like having a tax liability added to their taxes or some cost that they would have to pay for the process? I would find out what that process looks like and be able to explain what it would look like for them. If it's not something they would want to do it could add more value to your relationship with them and be the thing to swing it your way. 

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