Death Of OWner Of The Deed
My seller's home was originally owned by his mother in law. She died and gave him the deed. But the deed is not recorded in his name--it is actually still in her name. I read on another post that it does not have to be recorded in his name--that is just a matter of public record, but is not required. My question is--he wants to sell the house to me. Can he sign the contract with no problem even though the deed is still in his mother in law's name or does he need some legal contract on file? How should I proceed?
[ Edited by results_one on Date 11/03/2003 ][ Edited by results_one on Date 11/03/2003 ]
I'm afraid it's a lilttle more involved than that, since MIL has died with it still in her name...and unless she can come back long enough to sign a new deed, it's now necessary to deal with GA estate & inheritance laws
In most states whose D&D (descent & distribution is the legal topic, FYI), I have seen, the spouse &/or kids can take without big expensive probate process, so GA may do same for her heirs...but Son in-lawL, NOT being her heir, is questionable.
Again, when in doubt, & for free legal consultation, I recommend you talk to local title co. officer or lawyer and find out what will need to be done to get title where you want it..
Where's the son-in-law's wife (the daughter of the deceased) and siblings?
I would think the right to sell would be up to the survivors of the estate, unless the house was willed to him.
You might want to see if he actually has the deed and when it was signed and notarized. If he can show it to you and it is just not filed, tell him to file it. Or get ahold of the notary and ask if this is legit. I know in SA where I am, people give or sell RE and sometimes dont file the deed (not smart on anyones part). It happens.