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Buying or Selling a Home/Selling Before Probate?
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Question
My four siblings and I are selling our deceased parents home. The attorney who is (supposedly) handling probate for us does not return calls. He has had our case for 3 months now and no one knows the status of the probate. Personally, I don't think he has even started on it. Attorney is a friend to one of my siblings (who is acting Administrator), and took it on as a personal favor. Here's the problem. We got a contract on the house the same day we listed it and the buyer wants to close within 30 days, or SOONER. The attorney is now saying we can close without the probate being completed. How can we sell the house without a clear title?
Hi Elizabeth,
My condolences on your situation... you will be hard pressed to close without clear title unless the buyer is doing a 'cash' transaction... I would be the noisy clog in the wheel on on the attorney and get an answers you need...
If he is 'doing a favor' and not being paid, he may have no incentive to work on the probate... It is better to pay the professional to do the professional job, than a favor that never gets done... if need be put another attorney on it and get the probate handled... do so...
It is paramount to most buyers to be able to close due to loan restrictions (most lenders will not hold a rate for more than 30 days and the cost to extend is too high... when the rate is lost it is not obtainable again) and for the seller if prices are dipping still you your area, each day will cost you money in the end, your attorney is doing you harm buy not working the probate... do what you need to get the answers you are deserved of... Good luck
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| Rating(1-10) | Knowledgeability = 10 | Clarity of Response = 10 | Politeness = 10 |
| Comment | Thank you for your prompt response! This helps to clarify matters, and to point us in a different direction as far as the attorney is concerned. | ||
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