Probate probate, who's got the probate?
February 21, 2011 8:24 AM   Subscribe

Probate mysteries?

We are looking into purchasing a home that is being offered in probate and the sale is dependent upon court approval.

Currently we are told that the selling agent has an all cash offer that the owner is making a counter on and feels they will find a price to agree upon.

The owners owe back taxes on the property

The property is being offered free and clear in title

From what we understand, the court will entertain additional offers at the time of the court hearing which has yet to be set.

We are looking for as much information on this process as we can find to see if we have a change of buying this house.

posted by silsurf to Shopping (5 answers total)
Legal questions are impossible to answer if you don't mention where you are.
posted by auto-correct at 8:38 AM on February 21, 2011 [1 favorite]

Legal questions like this are impossible to answer, period. You need a lawyer, and a good one.

Speaking as someone who once worked in a law office specializing in probate/estate law (and, again, NOT A LAWYER), there are so many wrinkles even to the most clear[-seeming] probate case that you should always take time to make sure it's done professionally and correctly. You've got the added issue of back taxes, and I'm guessing the house is being sold as-is; you need a lawyer more than ever.

Which is not to say that this sale is impossible. You just need good representation.
posted by Madamina at 9:04 AM on February 21, 2011

You need a T&E lawyer. No one else can help you here.
posted by Sticherbeast at 9:28 AM on February 21, 2011

Response by poster: thanks very much for the replies
posted by silsurf at 10:31 AM on February 21, 2011

Lawyer, and agree that this is a very state-dependent question--a probate real estate sale in CA doesn't work at all like one in NY.
posted by thomas j wise at 10:38 AM on February 21, 2011

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