Posted by JT-IN on September 24, 2003 at 12:55:39:
M:
Your idea of collecting all the necessary data and presenting it to your probate Atty makes a lot of sense. I still feel that this is a probate matter, not a matter of quiet title action. The probate matter essentially puts everyone on notice, much the same as a QYA would, but can deal with the problem more completely, IMHO.
Please report back your experiences with the outcome, so that we can all learn from your mistakes… oops, I meant successes… Good luck, and don;t take NO for an answer…
partitionsuit/quiet title part 2 - Posted by michaela-ATL
Posted by michaela-ATL on September 24, 2003 at 07:42:09:
A couple of days ago I had posted about this lot, where I’m trying t get the different part. Looking again at the original will I found, that later on there was a 4th heir added to it in '65. All of them are dead and a number of their descendents are dead.
I have spoken to descendants of 2 of the 4 shares and they’re willing to help and sign it away.
The other 2 shares I have currently living heirs’ names and will find them in the next few days.
Since the term ‘Quiet title’ came up: If I get QCD from all the living heirs’ heirs of all 4 shares, Would it then be best to do quiet title action? Would that allow me to get the whole pie?
Re: partitionsuit/quiet title part 2 - Posted by michaela-ATL
Posted by michaela-ATL on September 24, 2003 at 10:38:34:
Thanks for the responses. I guess I was trying to figure out whether QT action would be the way to go. I still don’t really udnerstand, even after reading the archived, when that’s an appropriate thing to do. I only posted because i had hoped to get some answers before I involve an attorney (title companies here don’t do closings and they don’t want to deal with my difficult cases, whenever i deal with old lots). My probate attorney is always extrememly busy and I was going to present eerything to him once I’ve found everyone.
I think you are asking law questions of us real estate investors.
I do like Kristine(CA)'s suggestion to talk to people at the title company.
I also feel that this is a situation where some attorney time makes sense.
Congratualations on trackingn people down.
Oh, my non-attorney view: Yes, it probably would be a good way to go. Deeds from people who are not on title are not worth a lot. However, a quiet title lawsuit will definitively establish who is the owner of what share of the property. Having the deeds from the heirs would give you some credibility when it comes to doing the quiet title law suit.
The other option might be a bunch of probate lawsuits for the deceased heirs and their decesased heirs.
As was mentioned by the earlier poster, in some states there are simpler ways of passing ownership than probate, when the value of the property is low.
Re: partitionsuit/quiet title part 2 - Posted by Kristine-CA
Posted by Kristine-CA on September 24, 2003 at 09:25:50:
Michaela: Sorry, but one can’t just go around getting quit claims and quieting title. QTAs are used to quiet title when one title to a property but there is a title cloud. What you are talking about is most likely probate related. Have you talked to a title company yet about what kind of affidavit, etc. they might accept from the heirs. It might not be necessary to do a full-blown probate. There are various actions in each state that help transfer title.
Since this is a title problem, you should really go directly to the people who will be underwriting the insurance policy. What would they like to to see in order to insure title?
So, how do the owners hold title on the last deed recorded?
Good luck, and don;t take NO for an answer…