Q: I am currently an owner as tenant in common with several of my siblings of a vacant piece of low value property in MI
that we would like to sell to an adjacent property owner. The buyer suggested quit claim deed for transfer. However, two of my sibling owners listed on the deed have passed away intestate. Both were in California. One had a husband that inherited everything, and the other was unmarried with very few assets that passed to children. How can I go about competing this sale and transferring ownership at the lowest possible cost, as the property is only worth around $1000.
A:
Unfortunately, two of the owners of the property are the estates of the two deceased siblings. The representatives of those estates need to sign the deed, and I believe that probate proceedings in California are required in order have an estate representative appointed, and gain approval of the exercise by the representative of that authority. Even if the estate will be unsupervised, probate is still required in order to get a representative appointed.
I am confident, but not certain, that there is not a better answer.
Kenneth V Zichi agrees with this answer
A:
Mr Morris is probably right, but check with a licensed attorney in the jurisdiction in question. California may have something similar to a 'small estate' proceedings in Michigan that doesn't require FULL probate to deal with small assets.
Fingers crossed there is a cheaper route!
-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.
I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice
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