Posted by Irwin on November 07, 1998 at 06:51:58:
Bud is right. To take this a bit further, (and this is general law, which may or may not be the law in your state) when Dad died, title to the property vested in his heirs at law, subject to creditor’s rights, and also subject to any will he might have left. If no estate is opened, either by a creditor, or for the purpose of probating a will, within some period of time, the heirs can pass title by deed. The affidavit that Bud referred to establishes the necessary facts to establish title in the heirs, and is recorded with the deed from the heirs. Therefore, it’s important to find out from the daughter, who survived Dad besides her. This would include any spouse, children, or children of pre-deceased children.
If the daughter is the only heir, ask her (or them, if there are other heirs) if she will quit claim the property to you. If she says yes, take her to a lawyer to prepare the deed and whatever is necessry in your state to pass title to you. You will definitely need a lawyer to make sure this is done correctly. Then you will be in a position to go forward and try to salvage equity, if there is any.