Expert: Dick Dennis - 9/9/2009

Question
We want to buy this small home(572 sq.ft.),but the owner passed away and his siblings are trying to sell it.  The owner doesn't have any children or wife.  All of the siblings have signed a paper stating that the house can be sold.  The sister who is doing the paper work says that she is going to a real estate attorney to be able to sell the house.  Do we buy the house when the attorney has done all the court papers or do we have to go to a title company or will the attorney take care of all the business and we should be able to obtain the deed?  I know that maybe this is not your expertise, but maybe you could tell me if this is legal or should we have to go through the title company after that.

Answer
There's a good possibility this purchase may take longer than you or the sellers are expecting. Based on your information, I am getting the impression that the owner did not leave a will, nor was it in a trust. Therefore, my guess this might be a situation in which the state takes over (the owner died intestate -- without a will). And depending on the state in which the property is located, it could take long. It could be short. Since they have gone to an attorney for the paper work, then you're going to have to wait. It would seem to me that you should keep in touch with that attorney to know when you should make your offer to purchase. However, if it goes in front of a judge, a bidding process may be necessary, even if you are already there to buy it. The attorney will explain it to you. I do wish you well.

Dick Dennis
dixiedee13@aol.com