Deceased Husband on title, not wife

[Reggie Withers]

Good evening everyone!

I have a distressed house in Montgomery, Alabama I am working to put under contract. The homeowner is a lovely lady whose husband passed away. She has since his passing obtained another loan on the property that she paid off. The issue arose when buying herself a townhome when she found out she was not on the title of her original home. She contacted probate who stated it should be a "quick fix" but obviously she never fixed it lol. 

Facts: Husband passed years ago and she continued to reside in the property, she has had other loans approved on the home in her name, no one else has a claim to the home, she pays the taxes which are also in her name I believe.

Any information you can share would be helpful.

[Jay Roney]

@Reggie Withers I would think a good real estate/probate attorney should be able to figure out the necessary paperwork. Not sure what the laws are there, but here in Michigan a spouse is automatically entitled to ownership of a property even if her name is not on the deed.

I would offer to pay the attorney's fees to get it straightened around in exchange for a signed purchase and sale agreement that includes language regarding reimbursing you for the attorney's fees should the deal fall through.

It probably is a simple fix, but I wouldn't try and do it without the assistance of an attorney.