Family never had the house taken out of moms name when she dies

If I were you, I would call an atty right away. Time seems to be of the essence here.

Karen

As Karen said above you should go seek legal advice ASAP.

I assume there was no will? Assuming the property went through probate and the court appointed an Administrator who was issued Letters of Administration to distribute assets of the estate. With no will, if there is no surviving spouse, North Carolina laws of succession call for the children to inherit the property. If all the children are living, they all get an equal share. Everyone seems to be getting along ok and are on the same page as to what to do with the house. Could be as easy as the Administrator deeding the property after providing proper documentation. I would contact your local title company. If for some reason, the property didn't go through probate, that may present a problem given the time constraints. According to state law, with no will, the children are entitled to the property. If it went through probate, it should just be a matter of following the procedures for transfer of title according to the probate procedures in your state. Let us know how it turns out.

Yes I did call my attorney and spoke with him about doing a subject to but he said he would not recommend that since the owner on the deed and mortgage is deceased and it would be next to impossible to ever get a payoff. He advised to just buy it out right from the brothers and step dad. He said he would need a death cert, obituary, 2 affidavits from friends of the mother that stated she only had the 2 children and her husband. He also said I would have to write the purchase agreement to all three of them so I am waiting for the full names from the one brother, and also the pay off from the banks lawyer, and the other things mentioned above. Michelle is pushing to wholesale the deal, I am thinking it would make a nice rental, we'll figure that out over the next couple of days. Either way it looks like a great deal, they owe around $38k, we offered $48k, and its ARV is around $95k, and it needs $10k-15k in rehab for a flip, probably about $7k for a buy and hold, and should bring in $900 a month rent.

You both are da bomb! Love to hear you success, I am getting busier here too in San Diego. Sounds like you are getting things done with that I want to know how it all went.

God bless.

Still looks like a win-win for everyone and getting this families lives back on track in a legal way as well.You never know what you will run into in this business and when we can help others its even better, much success, Jim

Hey Tony, I just noticed your in San Diego, we are working with a seller out there, he has a commercial property we might be buying soon here in NC. He bought it 3 years ago(has never seen it) due to the cell tower on the land, so he sold the rights to that to a cell tower company and Verizon and is now trying to sell a building(use to be a radio station) and the 9+ acres. It could end up being a nice rental, the building has 5 offices, 2 already rented out and we are checking on how we can use the 9 acres, hope to be able to rent out the space to a company to park their vehicles or use it as a storage lot. He is offering some owner finance with a down payment and has already come down on the price once. We'll see!