Posted by Ronald * Starr(in No CA) on September 24, 2003 at 17:27:10:
Sure, it is legal. He won’t go to jail doing it, since you have been apprised the situation.
However, you wlll likely not be the legal owner of the property. Just because he does nothing illecgal does not mean that he has transfered ownership to you.
Now, when you say that he has “control” of the house, that raises the possibility, it seems to me, that he has some right to transfer ownership of the property. I doubt it, but it might be so. You might want to ask this question of an attorney in your area. I am not an attorney.
What should be done, likely, is that a probate case is opened in court. The personal representative of that probate case can then sell the property to somebody, with the approval of the court. Or transfer it to the heir(s). From whom you could buy it.
In some situations, where the deceased’s estate is less than a certain amount, or the property value is less than a certain amount, a probate is not needed in some states. There is some paperwork that the heir(s) fill out and file with the court, I believe, and that transfers ownership to the heir(s). Once the heir(s) have ownership, you can buy from him/her/them.
Good InvestingRon Starr*