Q: Probated my grandmother's estate over 10 years ago (no will,) sold property with quitclaim buyer passed did not file
Deed, still in grandmother's name. The probate was closed. I recently received notice from court of unpaid taxes and liens if I pay taxes and liens how do I transfer deed to me? Do I have to reopen probate?
A: Yes. You will have to reopen probate, have an executor appointed, then transfer the property into the name of the heirs.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (931) 250-8585
- View Profile
- Answered
A:
Based upon the facts you have provided, it looks like the buyer bought and paid for the property but failed to record the deed. That does not mean that your grandmother's estate still owns the property. All that means is that a public record of the transaction was not made. The deceased buyer's estate is the equitable owner of the property and is entitled to either find and record the unrecorded deed or petition the probate court to re-open the property in order to have another deed signed. The deceased buyer's estate is also the one that should pay the back taxes. If you pay them you may easily end up with nothing to show for it.
However, if the buyer's estate does nothing, and if your grandmother's heirs would like to buy the property back, you might be able to accomplish that by purchasing the property at the tax sale. This is not the same thing as paying the taxes. Paying the taxes does not give you title. Purchasing the property at a tax sale could result in you owning the property again, after that process is complete.
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.
