Subject-to with a property that has not been probate yet?

2 Replies

Hello all I have a question that i cannot seem to find the answer to and have never come across. Have an owner whose father passed away and did not leave a will. Of course the son who is the only aire to the property wants to sell but cannot afford to pay the lawer for the intestate. 

It still has a loan balance and some back taxes which makes it almost and impossible cash deal but the subject to will work perfectly, my question is, is it possible to do a subject-to with the son even though he is not on the title officially? Im assuming no but im not sure if anyone else has ran into this issue or has found some way around this.

Im stuck between the fact that he cannot pay for the intestate fees upfront and that i can only get the fees paid at the back end of a closing with the title company if it is a cash deal. Does anyone have any insight? Thanks!

@Oscar S. Holguin I'm not a probate expert but I wouldn't buy a property from someone who isn't on title yet. If you have the money to pay his fees upfront, you should be able to structure a deal in which you agree to pay his attorney fees in exchange for him selling the property at "X" once probate goes through. I would do this through the same attorney that helps with the probate. However, you do run the risk that probate doesn't go as planned. Maybe there are other heirs you don't know about? Or debts that require the property to be sold at market value?

Originally posted by @Oscar S. Holguin :

Hello all I have a question that i cannot seem to find the answer to and have never come across. Have an owner whose father passed away and did not leave a will. Of course the son who is the only aire to the property wants to sell but cannot afford to pay the lawer for the intestate. 

It still has a loan balance and some back taxes which makes it almost and impossible cash deal but the subject to will work perfectly, my question is, is it possible to do a subject-to with the son even though he is not on the title officially? Im assuming no but im not sure if anyone else has ran into this issue or has found some way around this.

Im stuck between the fact that he cannot pay for the intestate fees upfront and that i can only get the fees paid at the back end of a closing with the title company if it is a cash deal. Does anyone have any insight? Thanks!

 Only someone who owns the property can sell it. He doesn't own the property. 

His dad's estate owns the property. 

Probate is the process of figuring out everybody that has a claim against the property, paying those debts and then transferring the title to the proper owner. That can take 4 to 6 months if it isn't contested and you can find everybody.

A Subject To doesn't get you anything in a situation like this. You have to "clear title" through probate.