Posted by John Merchant on September 08, 2004 at 11:04:24:
If the deceased truly had NO heirs then his State AG would get into the act and represent the State in trying to “escheat” that RE into a State owned asset.
But if there is a surviving bro., then you’ll need to get this decedent’s property through some kind of intestate (no will) probate, and then acquire it from that estate…in such a way as to satisfy a local title co. that you’ve then got legal title to it.
Might be valuable enough deal for you to pay a lawyer to probate that estate, but just be aware that the bro. might, once he wakes up, decide it’s too valuable to just walk away from and then maybe your bargain has gone away.
The bro. could formally waive, in writing, his rights to be the Administrator of the Intestate Estate, and even execute an “after-acquired” title deed to you, and if I were you, I’d insist he do that, and jointly ask the probate court to name YOU as adm’r, before I’d give him a dime.
You’ll need a lawyer to do all that probate work for you as it sure has to be done right, as per your state’s probate rules and law, or it’ll blow up in your face.
Good luck.
John Merchant,JD,EMS