How to buy the empty lot next door to extend my yard? (part 2)

July 5, 2015 11:58 AM

I posted this question a few weeks back. The empty lot next door is technically owned by a man who died 2 years ago, I am in touch with his son, who is willing to try to help me obtain the property, but we don't know how to go about doing that, since A: It's in his father's name, B: It has back taxes. Details inside

Details: It's in Franklin County, Columbus Ohio. How do we get started? Thanks.

posted by crawltopslow to Law & Government (5 answers total)

Yes, seconding the contact with probate court. Here is some more Ohio-specific information.
posted by Heretic at 12:13 PM on July 5, 2015 [1 favorite]

Thirding that the son needs to contact the probate court and ask what needs to happen in order for him to sell the property. In Arkansas, the law states that real estate cannot be abandoned upon death if there are any surviving heirs. If Ohio is similar that means the son is the person that is legally responsible for the property and can decide what to do with it. But he needs to get that part settled with the state first, THEN sell it to you. Which means he needs to get in touch with the probate court and go from there.
posted by MultiFaceted at 12:34 PM on July 5, 2015

You and the son could also pitch equal amounts of money to a family/estate lawyer who knows the local laws, phone numbers, questions to ask, and offices to call and have them tell you exactly what needs to happen in what order for the son the sell the land to you
posted by rtha at 12:48 PM on July 5, 2015 [3 favorites]

Might also be worth checking if the city has already siezed it and will be auctioning it for the back taxes - you may be able to buy it directly from them, depending on how much he owes and how long he has been in arrears. The happened to a unit in a building (in D.C.) whose board I serve on, and there was a long delay between the time of the seizure and final auction. Also, by all appearances, the unit remained in the deceased owner's name until after the sale.
posted by ryanshepard at 4:35 PM on July 5, 2015

1. The suggestions of contacting the probate court may not be well-founded. It sounds very likely that there has been no estate opened. The son would have been the one who opened it or would have been notified.

2. In my state, and I think in most, land ownership passes automatically to the heirs (that is, the spouse or children of the deceased) even without action of the probate court.

3. But, just about everywhere, getting marketable title will require action by the probate court. A later buyer will not want to rely on point #2, even if you would be satisfied.

4. So the standard advice will apply: consult a lawyer.
posted by megatherium at 6:38 PM on July 5, 2015