I found a diamond in the rough in NC. Great home. Nice neighborhood. The owner passed last yr at 94 yrs old. Has 2 living brothers but no named heirs on the property. Taxes are delinquent for past 4 yrs. How do I go about this? Do I reach out to her elderly survivors? Do I go to probate court? Have NO clue what to do but I don’t want to walk away without at least asking the question.
Real Estate Consultant · Bloomfield, NJ · Member since 2010 · 2k+ posts · 1k+ votes
6y
@William Anthony McQueen
You've received a lot of good information but I noticed that all of it is from people outside of your state. Real estate laws are state-specific. For instance in New Jersey you can get the probate done in as little as a week. However you cannot pay anyone's taxes unless you have an interest in the property. Particularly if there's a tax lien on the property.
Having said that, it's best to seek out local legal counsel or information from experience and local investors in your state. But I do agree, start with talking to the heirs. Often you'll find that pay will wasn't done yet The Heirs all in agreement on what to do with the property. Sometimes there is a will and they just decided not to probate it yet. You won't know until you have a discussion with them.
Specialist · Riverside, CA · Member since 2015 · 6k+ posts · 3k+ votes
6y
He has heirs they just need to go through probate, you probably want to contact the heirs and see what they want to do as it is likely they will get the property once probate is complete, but probate takes a long time so be prepared for that.
Real Estate Broker · Auburn, WA · Member since 2015 · 151 posts · 106 votes
6y
Start with the state/county/city to see what is owed or if it is up for auction at this time. If the family doesn't know what is going on, then chances are there's issues in the family. Many times family members don't speak to each other EVER and off this goes. Sometimes opening up an honest conversation with family members has it's down falls and the first will be GREED.... What uncle bill died and the house is empty.... Oh my daughters/Sons/myself is in line for that property.... You see... you're not being dishonest just following the letter of the law.
Many times, the state/county/city does try to find a relative but, to no avail.... Find out what the taxes are first or what encumbrances (liens) are against the property.... go from there.....
Real Estate Agent · Sacramento/Placer ~ San Francisco Bay Area counties · Member since 2012 · 1k+ posts · 743 votes
6y
In order for the property can legally be transferred probate must be initiated. If there is no will the Personal Representative will be issued Letters of Administration.
The PR must also must take an oath of office promising to faithfully carry out their duties.
No contracts can be signed until the PR has Letters of Administration.
Rental Property Investor · Olympia, WA · Member since 2012 · 543 posts · 311 votes
6y
@William Anthony McQueen Probate is the expected and generally preferred method of acquiring Real Property after the former owner dies. But probating a property is not the only way to gain title. In every county, there will also be instances in which none of the heirs will care enough or be motivated enough to deal with the property or put it through probate. Typically such properties remain vacant and derelict until they are foreclosed for delinquent property taxes.
Real Estate Consultant · Bloomfield, NJ · Member since 2010 · 2k+ posts · 1k+ votes
6y
@William Anthony McQueen
You've received a lot of good information but I noticed that all of it is from people outside of your state. Real estate laws are state-specific. For instance in New Jersey you can get the probate done in as little as a week. However you cannot pay anyone's taxes unless you have an interest in the property. Particularly if there's a tax lien on the property.
Having said that, it's best to seek out local legal counsel or information from experience and local investors in your state. But I do agree, start with talking to the heirs. Often you'll find that pay will wasn't done yet The Heirs all in agreement on what to do with the property. Sometimes there is a will and they just decided not to probate it yet. You won't know until you have a discussion with them.