Both owners have died and the daughter wants to sell, can she?

Question

I got a call from a lady whose parents have died and left her the house, but there's no will and she has no idea what to do. We've already agreed on a price plus I'll pay all the back taxed and current liens, but I don't know what to do now because I don't think she holds title. I'm guessing shell have to start the probate process but she has no idea how. Any advise on how I can start this process for her or any other options I have? Thank you!

Theresa Harris · Answer

@Nick Seginowich  She'll probably need to go through probate. She should contact a lawyer or notary.  You should also check that she's the only child.

Christopher Smith · Answer

Under the law of most states the court will need to appointment an Estate Administrator who should have the power to dispose of probate assets.

Account Closed · Answer

@Nick Seginowich I'm in a similar situation. My lawyer works for a title company and he knows how to deal with this from both sides of the deal. I recommend you find a lawyer in the area where the house is located that works for a title company. They should be able to guide her and any other heirs the best and assure you that you have a clean title upon closing.

Nolan M. · Answer

@Nick Seginowich. https://fordbergner.com/legal-practice-areas/texas-probate/alternatives/

Check this out. Here in AZ I bought a house from three siblings after their dad died. Since the house was worth so little it didn’t have to go through probate. I paid the attorneys fees and back taxes since the siblings were broke drug addicts. The deal worked out very well for everyone. I hope this deal works out for you!

Sarah Brown · Answer

It'll have to go through probate before anything can be done.  Any other next of kin may have to sign off on the deal also.

Bob Floss II · Answer

@Nick Seginowich Probate laws are different state-to-state so you'll need an attorney in your state. It might be possible to sell the house without opening a probate but you'll need the sister to cooperate and get them both to sign off on heirship affidavit. However, your state or the deceased estate might still require a probate be opened.

Davido Davido · Answer

Nick, you can do a lot without clear title.  In similar circumstances, my priority would be to obtain possession and rent the property to produce income.  If you need clear title then the title company and or lawyer will be helpful, perhaps necessary.  However,  the simplest move is to arrange with the daughter for you to take possession of the property and rent it out.  Mere possession and use of the property as though it were your own can eventually give you clear title via the laws of adverse possession.To obtain possession from the daughter you've talked to, is as simple as having her sign (and notarize) a one page Quit Claim Deed by which she grants all of her interest in the property (if any) to you.  You would then have "color of title" and could treat the property as though it were your own -unless a sibling or person with greater claim of title showed up.  That is possible, but does not happen in the majority of cases.

You could obtain Quit Claim Deed's from all who have a legally recognized interest in the property.  If either or both of the deceased owners had a will, then the will controls who inherits the property. If there was no will then the state laws of intestate succession control who inherits the property and how much % interest they inherit as mentioned above by @Wendy Hoechstetter  https://statutes.capitol.texas.gov/Docs/ES/htm/ES.201.htmYou can also use a Quit Claim Deed to take the property through probate your self, with or without a lawyers help.  Best Wishes

Wendy Hoechstetter · Answer

@Nick Seginowich A lot of this depends on what your state’s laws are for intestate decedents - and what other relatives might still be around. These can vary widely from state to state.

Generally speaking, property will pass first to a surviving spouse, or to the children if there is no spouse, but some states have weird twists that could transfer everything to a sibling or even parents, if still alive, or even into the spouse’s family. It might allow transfer to just the oldest child, or require an equal split between all of them, or who knows what other possibilities.

You definitely need a lawyer for this, although it’s *their* estate issue.

I can’t even begin to imagine the law giving a darn if the children haven’t spoken for years or not. The only part of that situation that might matter to you is if the sibling cannot be located to sign off on the sale, or refuses to do so - but again, it might not even be up to the children, depending on state intestacy law. There is no way that a sale can go through without *all* of the state-determined heirs agreeing to it and signing off on it.

Nick Seginowich · Answer

I think he Small Estate Affidavit is exactly what we need, I emailed the company on the link and I'll call some more lawyers on Monday. Thanks Nolan!

Nick Seginowich · Answer

Got it, thanks everybody this was a huge help!

Both owners have died and the daughter wants to sell, can she?

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