Need Help- Probate Issue
Hi, appreciat some advise- Was going to close on a house next week. Tile company called and said that title was nor clean.. after talking to seller, here is the situation. House belongs to seller's mom. Mom died last year and willed it to son. In the mortgage, right of survivorship was to son, however right of survivorship was not done on the deed so deed is still in mom's name. He will have to go thru probate. In the mean time, what do we do. Seller's attorney say to still go ahead with closing because there is clear intent for son to get the house. My title compnay won't do it. Seller says to use their title company. Is this risky?. What other questions should I ask? Thanks
Boy, that is a interesting question to answer but would seem clear to me that you would need to let the property go through the probate process and have the judge approve the sale.