Affidavit of Heirship Questions
Since my attorney is out until Monday, thought I would ask the good folks here for some advice:
I recently got off the phone with a seller responding to my yellow letter. It appears that her ex-husband died while owning the property in question. He had no will, so the seller told me that she got the property, but made specific mention it did not go through probate. She wasn't clear on the paperwork, but I am assuming it was an affidavit of heirship. She did mention that, on said paperwork, she gave her son and stepson 1/4 ownership of the property. The son is deceased now, and the stepson doesn't want anything to do with the property. She is highly motivated to sell but she's been unsure of whether she can sell with the less than full ownership issue she believes she's created.
I've looked in our county land records online, and I cannot find anything associated with her name. The tax assessor's website lists 2000 as the last sale date, but I cannot find anything associated with the listed seller from 2000 either. Unfortunately, I cannot search by property characteristics.
I didn't know what to ask her on the phone, so I understand this account will have holes in it. She didn't seem terribly knowledgeable about what she did, and I suspect that it's going to be on me to find out how to rectify the situation if I want any chance of a deal.
Assuming there are multiple parties on the affidavit, what's the cleanest method to remove those parties whom have no interest? Quit claim? Some other release type document?
Any guidance on this issue or advice on what questions to ask the seller and my attorney are always appreciated.
Thanks,
Mike