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PeaceLily93004

Issue with Probated Property

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My mom passed away without a legal will; however, she had written wishes for distribution of her property.  My 4 siblings & I signed a document stating we will honor her wishes.  Hired a probate attorney & I served as the personal representative for my mom’s estate which was probated and closed in 2006.  I’ve just encountered “title issue” with one of the estate properties I “purchased” (explained below). 

  • My sibling that was to inherit the property loss it to the bankruptcy courts because he had an open bankruptcy case.   During the distribution, the property was deeded to the Bankruptcy Trustee via Personal Representative Deed 
  • When the property came available for sale, I purchased it from the Trustee; I was given a Trustee deed for my purchase 
  • I placed the house on the market in 2018 and now I have an interested buyer.  We were supposed to close on the deal Sept 7; however, got an email on Sept 6 stating there are “title issue” to resolve before closing 
  • According to the title company, each sibling should have quit claimed their interest in the property; therefore, they are requiring a deed from each them 
  • The PROBLEM: one sibling is now deceased; he didn’t have a spouse or kids (SN: this deceased sibling has an IRS tax lien that’s recorded and valid thru July 2019)

 

The buyer is willing to wait another month but I don’t see how it can be resolved in a month’s time-frame.  Please provide suggestions on how to handle this…..Thanks! 

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13 minutes ago, PeaceLily93004 said:

Please provide suggestions on how to handle this…

 

The only feasible suggestion anyone here can make is to recommend that you retain the services of an attorney.

 

If the property in question was properly deeded to your bankrupt sibling in the first place, this wouldn't be an issue.  The only way for anyone to suggest to you how to fix this issue is by reviewing the records relating to the transfer of the property from your mothers estate to your bankrupt sibling.

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pg1067 you are correct, if it had been properly deeded this wouldn't be an issue.  I retained the services of an attorney for the probate and unfortunately he didn't properly deed it.  Now I am at this crossroad and I don't know if I should speak with a general, probate or real estate attorney?

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1 hour ago, pg1067 said:

 

The only feasible suggestion anyone here can make is to recommend that you retain the services of an attorney.

 

If the property in question was properly deeded to your bankrupt sibling in the first place, this wouldn't be an issue.  The only way for anyone to suggest to you how to fix this issue is by reviewing the records relating to the transfer of the property from your mothers estate to your bankrupt sibling.

pg1067 you are correct, if it had been properly deeded this wouldn't be an issue.  I retained the services of an attorney for the probate and unfortunately he didn't properly deed it.  Now I am at this crossroad and I don't know if I should speak with a general, probate or real estate attorney?

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1 hour ago, MiddlePart said:

A real estate attorney seems like the best place to start.

 

Agree, although you may be able to find someone with expertise in both RE and probate, and it might be that you'll need to re-open the probate.

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