Heirship Issues Part2: Selling Your Inherited Land without a Will

Heirship Issues Part2: Selling Your Inherited Land without a Will
Beth:
Hi, I’m Beth with TB Properties Buys Land. In the previous video we talked about title issues where you inherited property that was left to you and there was a will that had been probated. And we talked about how you can sell your property to a real estate investor, like TB Properties Buys Land if there was a will that had been probated.

Now what happens if land was left to you, but it was not probated. There was no will. How does that get worked out and can you still sell your property? So the answer to that question is most oftentimes you can sell your property, even if there wasn’t a will that was probated, but there’s going to be several questions that have to be answered to the title company.

Okay, so TV Properties Buys Land we always work through an area title company. And the reason for this is that we want things to be done correctly and we want to make sure that everyone’s safe in the transaction, okay?

So title companies, they do the paperwork. They can clear the chain of title if that’s an issue. But also, we as the buyer, we are going to send our funding to the title company. They’re going to make sure the funds are there and that they’re certified. And they in turn, after everything’s filed and recorded, they send you, as the seller, the funds, okay? Certified funds to you as well. So everything’s safe and we know it’s done, right?

So if there is an issue with your chain of title, the title company is the one who is going to clear that up? So if there may be additional paperwork that they’re going to have you do. So if we find out that maybe the property was left to you, or you and your siblings, but you knew through your siblings and word of mouth, I guess, the family that it was going to be left to you and not your siblings.

There’s paperwork called an Affidavit of Heirship. This is just one of the paperwork’s. There’re Affidavits of Death, where basically they need to have that death certificate from whoever left the property to you. Oftentimes if they passed away in another county from where the land is located, that death certificate was never recorded in the county where the land was. So they don’t know. So what the title company may ask you is we need a copy of the death certificate so that we can record it here in this county, okay?

Or Affidavits of Airship. They need to have a couple family members that can vow and vouch for you and say, “Hey, we know that. We knew your mother. We knew it was left to you. We knew the family.” But there is paperwork in order to clear the chain of title in order to properly convey that property from whoever owned it previously, your family member or friend, and convey that to you before it can be sold, okay?

That’s why I work with the title company. They make sure the chain of title is clear. There’s no cloud to it. And so they have that paperwork that can be done that can fix that.

Now, there are other circumstances. If this has been family land and it was past through the generations, multiple generations, and there was no will in place. And there was no understanding that this was going to be left to you. There may be hundreds of heirs out there, if this was great, great grandpa, Joe and he had multiple children and they all had children. It gets a little bit complicated there. And that really depends on your state. It depends on real estate laws, how easy that’s going to be to close that transaction. However, if you have questions, please feel free to reach out to us. We’re happy to answer any of those.

As I mentioned before, we are real estate investors, TB Properties Buys Land. We purchase 10 plus acres of land all over the United States. We pay cash for the land. It allows us to close faster so that you get paid faster and you’re not waiting on a bank to approve funding. You’re not waiting on an appraiser to get out there and appraise the land. And on top of that we close to title companies. So yes, they can clear the chain of title, but more importantly, it’s a safety situation.

You don’t have to worry about being scammed or losing your property, not getting paid. With a title company, just like if you’re buying or selling your house, you know that they’re going to do the paperwork correctly. You know that we, as the buyer, we’re going to pay the title company with the certified funds. They’re not going to record the sale of that transaction until they have our money and it’s certified, they know it’s there. And then once it’s recorded, they’re going to pay you out however you wish to be paid, whether that in cash, like a check or a bank wire.

So hopefully that answered some of those questions. But if you have questions about TA issues, heirship up, probated property, feel free to reach out to us. We’re happy to answer any questions that you might have and we look forward to working with you. Thanks.
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