Raili Ost, Home Buyer in Spokane, WA

proof of right to sell

Asked by Raili Ost, Spokane, WA Mon Oct 31, 2011

real estate agent, and representative for the heirs, but no proof of the heirs rights to sell nor who they are

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Answers

7
Assuming we're not dealing with a surviving spouse (you're referring to heirs) then there should be a probate proceeding opened dealing with the decedent's estate. That proceeding should deal with the right of the executor to sell the property.

You can search for probate proceedings here:

http://dw.courts.wa.gov/index.cfm?fa=home.home

The title company will want a copy of any orders necessary for the executor to have the right to sell.
1 vote Thank Flag Link Mon Oct 31, 2011
This is one of the reasons for running a sale through a Title Company:
They do the Searches and provide you with a Title Policy for the property.

Good luck and may God bless
1 vote Thank Flag Link Mon Oct 31, 2011
The attorney, who was overseeing the will an estate can provide with this information. Your agent should have a copy of this, especially if you have concerns.
1 vote Thank Flag Link Mon Oct 31, 2011
If there are heirs I would get something in writing from the attorney who handled the will and go from there.
1 vote Thank Flag Link Mon Oct 31, 2011
Jirius stole my stock answer! ;-)

I didn't mention that in this case because the title company will dictate what is necessary, and escrow or one of the agents should be able to find out what that is.

Still, always a good idea to recommend legal counsel. It's possible the attorney might see something the title company missed!
0 votes Thank Flag Link Mon Oct 31, 2011
Sounds like a complicated legal mess. I would suggest you go see an attorney.
0 votes Thank Flag Link Mon Oct 31, 2011
The agent should have a copy of the will, title policy, power of attorney etc.
0 votes Thank Flag Link Mon Oct 31, 2011
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