Posted by Mary in CA on May 09, 2005 at 16:01:23:
Hardly quick. Hm. Let’s see.
Sale = what? foreclosure? tax-lien sale? If you don’t know, you need to find out.
3 out of 5 in trouble with IRS - meaning what? They haven’t filed? IRS has sent them deficiency notices of some kind? IRS is liening everything in sight? IRS has seized their bank accounts? How about the deceased. . . was he/she in trouble with IRS too?
Who’s named as the executor and why hasn’t probate been filed?
How is land titled? If JTWROS, it doesn’t go through probate. If in a Trust, it doesn’t go through probate. If in a partnership, corporation, LLC it doesn’t go through probate.
If state has summary probate procedure, you might be able to transfer title by Affidavit of heirs. . . . easy, cheap . . . IF available. (See an attorney)
> so they have their portion of the property
> being left to their children.
Again, meaning what?
If will left house to children equally, then to their issue, then all 3 would have had to refuse their inheritance (or die). In CA, you can do this by delivering a notice to the Executor/Administrator. But here there isn’t one (yet). So what makes them think that their portions would then pass to their children instead of the IRS?
Are all the children adults?
Without knowing more, I can only make guesses/suggestions - most of which will not work - so before you do anything you need to decide if there’s enough of a bargain to make any of this worth doing.
Have each of 5 children assign their interest in estate to you (for consideration?). Then as sole beneficiary of estate, you file a probate action on the Will. You would probably have to do shortened notice and I don’t know what all in order to do it before the sale. But if it’s a foreclosure action, you could then bring mortgage current and stop foreclosure. If something else, then maybe you could stop whatever it is.
You could buy at auction (probably cleanest method as title would probably be clear at that point) but others can bid too and you could lose the property.
If a foreclosure, you could buy foreclosing note . . . not sure where that gets you, though.
I’m blank. Guess I don’t have enough information for more suggestions.
mcnichols @ aol.com