Did you know that when someone passes away and they own property, you have to file documents in the jurisdiction where the property is located?
Whether it’s a will, or a Real Estate List of Heirs, there have to be documents on file in the Clerk’s Office in order for Attorneys to show the title is clear in passing to an heir. If someone passes away in a state or county that is different from the state and/or county in which the property is located, you’ll have to file certified, sometimes called exemplified, copies of those documents in the state and/or county where the property is located.
We often run into issues with closing Real Estate transactions because there are no documents on file in Clerk’s Offices. We’ve often had a closing that had to be postponed because the owner of the property had passed away in a different state or county, but no one told the Estate Administrator that they would need to file documents in the Clerk’s Office where the property is located. Now the closing has to be postponed until those documents are on file.
So many people don’t realize what needs to be done when someone passes away. Maybe they are afraid to talk to an attorney, or maybe they don’t want the hassle, but speaking with an attorney usually only costs a couple hundred dollars for a consultation, and believe me, it is worth the hassle, or the money or whatever it is that would stop you from consulting an attorney, rather than trying to sell a property and running into issues that will prohibit you from selling property.
So many buyers walk away when there are property issues… TAKE the time, SPEND the money and consult an attorney when you have a family member that passes away, so that things WILL go smoothly when you wish to take action. You may not have to do much at all, or maybe there are lots of tasks to be completed, but you’ll feel better and more confident KNOWING everything has been taken care of and everything is in order.
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