Okay this one gets stranger and stranger each time my sister calls...
My sister inherited our grandmother's home a few years ago (from our dad). She recently decided to sell it and found a buyer. While my sister's attorney is doing the paperwork for the title, we discover that the home was transferred by affidavit to my dad AND his siblings because my grandmother's will was never probated. (My grandmother's will specifically left the property to my dad but because it was never filed, that nullified the will.)
Next step, my aunts and uncle legally relinquish their right to the property so it looks like everything is smooth sailing for my sister. However, my sister's attorney discovers my uncle has a civil judgement against him for several hundred thousand dollars so my uncle cannot just sign over his rights to the house to my sister. Is that correct?
As I see it, her only option is to buy my uncle's share of the property and have that go to the judgement. Is that right or are there other options? Thanks in advance.
My sister inherited our grandmother's home a few years ago (from our dad). She recently decided to sell it and found a buyer. While my sister's attorney is doing the paperwork for the title, we discover that the home was transferred by affidavit to my dad AND his siblings because my grandmother's will was never probated. (My grandmother's will specifically left the property to my dad but because it was never filed, that nullified the will.)
Next step, my aunts and uncle legally relinquish their right to the property so it looks like everything is smooth sailing for my sister. However, my sister's attorney discovers my uncle has a civil judgement against him for several hundred thousand dollars so my uncle cannot just sign over his rights to the house to my sister. Is that correct?
As I see it, her only option is to buy my uncle's share of the property and have that go to the judgement. Is that right or are there other options? Thanks in advance.