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Question about an estate, an executor and a property deed. Login/Join 
Green grass and
high tides
Picture of old rugged cross
posted
So if an executor cannot find a property deed and wishes to sell it What needs to happen? And yes they are the heir to the property as well.



"Practice like you want to play in the game"
 
Posts: 21573 | Registered: September 21, 2005Reply With QuoteReport This Post
Staring back
from the abyss
Picture of Gustofer
posted Hide Post
I don't know the answer, but I'd bet either the Clerk & Recorder or local title company would know.


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Posts: 22713 | Location: Montana | Registered: November 01, 2010Reply With QuoteReport This Post
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It matters competely with what State...


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Posts: 11826 | Registered: October 14, 2004Reply With QuoteReport This Post
A Grateful American
Picture of sigmonkey
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County/parish will have the property recorded, including deed and tax payer and history of property owners on record.

So, you can start there and then talk to the probate lawyer.




"the meaning of life, is to give life meaning" Ani Yehudi אני יהודי Le'olam lo shuv לעולם לא עוד
 
Posts: 46423 | Location: Box 1663 Santa Fe, New Mexico | Registered: December 20, 2008Reply With QuoteReport This Post
Happily Retired
Picture of Bassamatic
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Sigmonkey is correct. The county recorder is the first place to go. If you should find that their deed was never recorded (rare) then you would need to talk to a competent real estate attorney.

The act of recording a legal document provides what is known as "constructive notice". If this was not done, then your only recourse is pursue the matter in court.



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Posts: 5529 | Location: Lake of the Ozarks, MO. | Registered: September 05, 2005Reply With QuoteReport This Post
Needs a check up
from the neck up
Picture of Timdogg6
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Many states require a court order to sell during probate, you need to be coordinating this with the estate attorney. If they are not familiar with how to do this be a little wary and tag in a real estate attorney as well. This is not the time to cut corners.


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Posts: 5412 | Location: Boca Raton, FL | Registered: July 30, 2002Reply With QuoteReport This Post
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A good portion of deeds and tax records are now accessible on line.

I first try look up the the local records in the tax records database. From their I go to the county/parish records if they are on line.

In the old days you had to drive to the offices in person to get the information.

If you are going to need help in person, I recommend not going on a Friday.
 
Posts: 5086 | Registered: February 15, 2004Reply With QuoteReport This Post
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As a side note the property should have a formal appraisal as soon after death as possible. This will determine the basis for IRS tax purposes. If a formal appraisal is not done the basis will become the local property assessment which is usually lower than actual value creating higher taxes on sale.


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Posts: 4604 | Location: Nashville, Tennessee | Registered: December 16, 2004Reply With QuoteReport This Post
Green grass and
high tides
Picture of old rugged cross
posted Hide Post
Thank you guys all helpful.



"Practice like you want to play in the game"
 
Posts: 21573 | Registered: September 21, 2005Reply With QuoteReport This Post
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