Q: Can I acquire a Michigan property for back taxes before probate?
I'm interested in acquiring a property as a third party due to $3,700 in unpaid back taxes. The property owner recently passed away, and the owner's nephew has until Monday evening to pay the back taxes. The property is not yet listed for a tax sale or auction. I would like to know if I can take control of the property for the back taxes owed before it goes to probate.
A:
'Control' is such a non-specific word.
Can you PAY the back taxes to the County/State before then? Yes, but the Estate will retain the right to redeem meaning you won't get the property, you'll only get your money (plus interest) back.
Can you BUY the property from the nephew? No, that requires probate first.
I'd urge you to consult with a local attorney to review all your options and don't just 'pay' someone something expecting it to work out OK.
Good luck.
A: It will depend on whether you can make the arrangement with the authorized representative of the estate of the former homeowner. I would not pay the back taxes until you do; otherwise, you will have just advanced money for the estate without any agreement that the estate will sell the property to you. Transactions like these should have a real estate attorney involved, as the process through probate is not immediate. So documents need to have contingencies in them that address the likelihood that you MAY NOT be the intended recipient of the subject property.
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