House Is In Probate And I Want It!
first i am in missouri. this particular home was owned by a single lady with only one daughter. this lady was deceased in jan 03, and the house was just started in probate, jun 03. i am working with the probate attorney to get the house.
daughter lives in arizona, mortgage company wants their money. deceased lady left NO will. Is there any quick way to get the property. what can the daughter do. maybe quit claim, but the title company states she has NO right to sell property.
help information needed quickly.
i should have found this forum sooner....
Greg 
who is the personal representative, if the daughter is you should be able to work something out with her and the mortgage company and leave the attorney out of it, contingent on the fact that you are buying the property for an acceptable amount according to the probate court.
The daughter is probably the personal rep, since she is the only heir and the basic money portion is: basically she just wants to get rid of the house.
It's value is about 60k, with a mortgage of 35k, and all she wants is 5k. Should I give it to her. And then how do I get title. Do I just send the 35k to the mortgage company and give her the 5k?
What confuses me though, how does she get the right to sell the property. And when the mortgage company gets their money, who gets the deed?
The probate judge or whatever he/she's called in that state & county, would have to consent to her sale...but that would be no problem if the estate lawyer said do it.
You should go up and look at the probate file at the courthouse, to see exactly what's been done, and you'll learn what the procedure is there.
There's a national movement to make small estates simpler to wind up & probate, sometimes with NO court hearing and no lawyers having to be retained.
See if that state has such, and read what the statute says.
The librarian @ the law library @ the courthouse should probably be able to help you find that law in minutes.
Remember, too, that the lawyer for the daughter probably is owed money, so it's to his/her benefit to help his client finish the probate and move the property quickly.