Real Estate Investor · Appleton, WI · Member since 2012 · 18 posts · 3 votes
I found a duplex I’d like to buy.
20 years ago father and daughter bought the property with both on the deed. In 2001 she did a quit claim deed to father, and he is the only one on the deed now.
Father passed in 2016. She lives at the property but does not own it. She has not paid any taxes or utilities so she behind.
Can buy the property somehow without the property going through probate and giving possession to the daughter. I want to help but I believe probate will take time and money that she doesn’t have.
Attorney · Slidell, LA · Member since 2016 · 322 posts · 179 votes
5y
Just want to throw this out there: if the daughter is the only heir and the total value of the estate is low enough (differs by state), sometimes that can be handled by a small estate affidavit instead of probate. If so, no long probate, just file the affidavit to transfer ownership to the daughter.
Investor · brentwood, CA · Member since 2016 · 1k+ posts · 730 votes
5y
I would think if it was owned by the father when he died and it was still titled in his name only it should pass under the relevant state intestacy law assuming there was no will. Assuming no surviving spouse daughter would likely fall high in the order of recipients under most intestate ordering rules.
Have you checked with the local probate court for filings? Some estates qualify under a small estate full or partial exception from probate.
Rental Property Investor · Olympia, WA · Member since 2012 · 543 posts · 311 votes
5y
@Matthew Vanden Avond The daughter (and any other children of the deceased owner) are the heirs next in line to inherit the property. Here is a link for a description of the Wisconsin Intestate Succession rules (Intestate = died without leaving a. https://www.estatelawpartners....
"Can (you) buy the property somehow without the property going through probate and giving possession to the daughter."
Yes. Of course. You could buy all of the daughter's interest in the property by getting her to sign (and notarize) a simple quit claim deed. You could then use the duplex however you wish. However, without probate, you would not have a clear title, you would have extra difficulty getting a loan on the property and should you would need to sell the duplex, you would likely do so at a significant discount to market value -because of the clouded title. Without going through probate, it could be ten years before you're able to obtain a clear title, even with the quit claim deed, under Wisconsin Statute 893.26 Adverse possession, founded on recorded written instrument. https://docs.legis.wisconsin.g... Be sure to get a title report so you know what you're buying. Best Wishes
Rental Property Investor · Olympia, WA · Member since 2012 · 543 posts · 311 votes
5y
@Matthew Vanden Avond, when you find a post helpful, click on the "vote" link under the poster's photo. It will alert other users to those who are helpful.
Attorney · Littleton, CO · Member since 2015 · 28 posts · 13 votes
5y
Just to restate your facts, Dad is the only one on the deed and he passed. Daughter is living in the house. I didn't see anything about other heirs It doesn't sound like there's a mortgage on the property. I'm not your attorney and I'm not a WI attorney. Based on Colorado law, it sounds like the property is going to have to go through probate to pass the title. If it's worth any money, you probably won't be able to do a small estate affidavit if that's even an option in WI. I don't know what WI adverse possession time limits are but adverse possession would probably still require a quiet title action which is going to require a court decision. You might be able to do an informal probate (cheaper and quicker but it's still going to go through the courts). If the property is really as good as you think, you might offer to pay for the probate action with a contract with Daughter agreeing to sell the house and reduce the selling price by the cost of probate. I understand your motivation to get it without probate but I think you're going to open a big can of worms down the road. I see some serious red flags here.
Attorney · Slidell, LA · Member since 2016 · 322 posts · 179 votes
5y
Just want to throw this out there: if the daughter is the only heir and the total value of the estate is low enough (differs by state), sometimes that can be handled by a small estate affidavit instead of probate. If so, no long probate, just file the affidavit to transfer ownership to the daughter.