Owner died with no one else one deed, can I buy?

Question

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.

Thank you for any help.

Matt

Sean Morrison · Answer

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.

Davido Davido · Answer

@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....

And here is a link to the Wisconsin Intestate Succession statute itself.  https://docs.legis.wisconsin.g...

"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

Matthew Vanden Avond · Answer

@Carl Miller

It’s looking like it will have to go through an extended probate period. Thank you very much for sharing your knowledge.

Davido Davido · Answer

@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.

Christopher Smith · Answer

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.

Mark Pedroza · Answer

All you need is decdent's name and case number..

Matthew Vanden Avond · Answer

@Davido Davido

Davido,

Thank you very much for everything. Thank you for the info and the links. That is amazing!

Matthew Vanden Avond · Answer

@Christopher Smith

Christopher, I did not know I could check with the probate court. I’ll reach out, thank you!

Owner died with no one else one deed, can I buy?

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