Home is in the name of a dead relative.

[Mark Aiken]

I'm in the process of signing a wholesale deal but I ran into a roadblock.  The home is in the name of his dead brother and he doesn't have a will supporting he is the owner.  His brother died over 10 years ago and he has been taking care of the property and paying the bills and taxes ever since.

How do I go about ensuring the seller has the right to sell the property.  Who should I talk to?

[Jason Taken]

Quote from @Mark Aiken:

I'm in the process of signing a wholesale deal but I ran into a roadblock.  The home is in the name of his dead brother and he doesn't have a will supporting he is the owner.  His brother died over 10 years ago and he has been taking care of the property and paying the bills and taxes ever since.

How do I go about ensuring the seller has the right to sell the property.  Who should I talk to?

*NOT LEGAL ADVICE*

 Probate attorney would be the best route probably. Depending on local law, you may be able to get a bond in lieu of probate from a title company if you can tie the brother to the property as the other living heir. Otherwise, you need to do an heir search (typically like $300-500) and find out who all of the heirs are. Then, that's when the real negotiation begins.

Definitely contact a probate attorney in that market though.