Posted by Joe I on April 22, 2010 at 13:00:04:
Thanks for the response John. I wasn’t sure if the tax sale ( not completed -will take about 2 months) would pre-empt any claim by the estate ( if I decide to go that route)
Tax sale and probate - Posted by Joe I
Posted by Joe I on April 20, 2010 at 22:04:07:
I have a complicated situation - hoping someone can help before I consult an attorney.
Property located in Pa., went through tax sale - nobody bid. Is now in repository. While I was checking out the facts -someone put a bid in.
The facts - lady owned home free and clear ( two small judgements - approx $2500)Worth appox $60,000 - needs about 10K in rehab.
The lady died about a year ago without a will -found one sister who wants nothing to do with property. Refered me to a local attorney who claims no probate because of no assets.
I know there is a bid on property, but is there anything I could do to salvage this deal??
I don’t know of any other relatives and the attorney was not much help.
probate - Posted by Nike
Posted by Nike on April 23, 2010 at 08:04:36:
You need to determine whether the owners (and judgment creditors) have redemption rights. If the right to redeem has not expired then you ought to consider buying the judgments–then redeeming and forclosing. You need to determine whether the liens are enforceable (how old etc.?).
If the redemption rights expired then it’s likely that the State (if no one purchased at tax sale)owns the property. If this ocurred then the only way to purchase is to submit a bid.
Talk to someone who understands Pa tax sale law and procedures and confirm at what stage the property is in and then provide more informaqtion and we can sort this out.
Re: Tax sale and probate - Posted by John Merchant
Posted by John Merchant on April 22, 2010 at 12:55:07:
First, I’d get the sister a Quit Claim Deed for her to execute deeding her interest in the RE to you.
Then I’d have a look at PA Probate law, in PA statutes on line or in your nearest large law library and see what’s required in PA to file an Application for Intestate (no last will) procedure where you’d be asking the court to order that:
(1) Woman died with NO last will (get letter from sister so stating) and
(2) no surviving heirs, under PA law, except sister and
(3) naming you as Administrator of her intestate estate (hopefully with no or low bond)so you could then, as legal Administrator of her Intestate Estate, deed it to your LLC and have it take title to the property.
Clearly the PA lawyer you talked to didn’t grasp that she DID have asset (the house) so she didn’t die insolvent.
Good luck here.