Q: I bought vacant land in CO. The land is 50% sellers and 50% his deceased fathers. How do I get the land 100% in my name?
The Colorado land was deeded to the seller's father and mother. His mother then used a warranty deed which states she is the sole owner to deed it to her son. The county has information online that states the land is 50% the son's and 50% the deceased father's.
I do not live in Colorado and the seller lives in Nevada.
The seller just told me that the land was put into a trust before his mother deeded it over to him but this information is not recorded at the county. Any way to retroactively record this trust?
A:
You have two options. First, you can wait for the deceased father's estate to be probated - this will allow you to either make a claim for the land or negotiate with the new beneficiary. The downside of this approach is that Colorado allows up to 3 years for an estate to be probated (and at least 1 year for a creditor--you--to initiate probate).
In the alternative, you seek various legal approaches to gain full possession of the land. Since there are too many potential problems and solutions, you will need to contact a real estate attorney directly in the county where the property is located to give an accurate assessment of how best to proceed.
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