Q: I have a co-owner in real estate rental property who died. How can I obtain a clear title/deed?
My wife and I, along with another person, are owners of a rental house. The other person worked for me at the time of purchase (about 15 - 20 years ago) as a maintenance man. Shortly after the purchase, he left my employment and never contributed to the upkeep of the property. I was wanting to sell and was able to find that he died about two years ago. I do not know of any kin, and I don't think he had any living. He was never married and had no children. What would be the first step in selling with a clear deed?
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A: You may be able to file an Action For a Sale For Partition. The Court might appoint a Guardian Ad Litem to represent the unknown heirs. But you really need to hunt down the Decedent's Heirs yourself and get them to convey their interests to you by Quit Claim Deed. A good attorney and possibly a private investigator should work out well.
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