Jackson Heights, NY asked in Real Estate Law, Estate Planning and Probate for Colorado

Q: How does the Seller clear title so they can sell me their vacant land in Colorado?

The situation is as follows:

1) Husband and Wife (A & B) are owners on a Colorado vacant land property (joint tenants)

2) A dies

3) B dies 6 months later

4) B's estate is currently going through probate in Wyoming. B did not remove A's name from the property while living, so it still shows that A & B own it.

5) B's son is the Executor of her estate and is looking to sell the property.

How does B's son clear title on the property so they can sell me the property?

What other information would you need to answer this question?

Thank you.

1 Lawyer Answer
Timothy Canty
Timothy Canty
Answered
  • Probate Lawyer
  • Evergreen, CO
  • Licensed in Colorado

A: B's son will have to open an ancillary probate in Colorado. Then he can record A's death certificate, a certified copy of the Colorado Letters and a Personal Representative deed to you. A's interest evaporates upon death and B's estate has the right to convey the estate property.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.