What a bummer

Rick

Moderator
Staff member
The deal on the acre next to me may not be dead yet even though I had just about given up on it. Realtor called yesterday and said he had just gotten off a conference call with the executor of the estate and the ambulance chaser for the estate. He said the problems had been ironed out, the paper work for the required signatures has been written up. The ambulance chaser will mail a copy to all four siblings (some are out of state) for their signature which will require a notary stamp to validate the signatures. Then they must be mailed back to the ambulance chaser who will turn it all over to the title company and real estate company. I told him that if there is any chance that the title won't be completely totally free and clear I don't want it. I have no desire to get into the middle of a family squabble on down the road should any one of the siblings have a change of heart. Agent said that's the reason behind the notary.

Ok that's all fine and dandy except I heard a very similar story over two months ago so even though the real estate agent sounded positive I am still skeptical.

My only reasons in wanting this property are one, I don't want a house built on it and two, if I sell this place the increase in value of it as a two acre piece rather than the house on one acre is greater than what I'll be paying for the second acre.

I also found out doing some research with county records that the acre I am trying to buy was originally part of this property (was originally a 2 acre piece) when the house was built in 1977. The owner of this place sold that acre in about 1996 to the same family that I am now trying to buy it from. The purchaser died and it fell to his wife who died in 1999. A trust was set up at that time to handle her affairs but the real estate wasn't included in the trust, this acre and a couple of other pieces of property were left in the will to the four siblings. The trustee of the estate and one other brother and the sister have been trying to sell it ever since. The people that live across the street tried to buy it 10 years ago, also to prevent a house being built there, and they eventually gave it up. It was at that time listed with Century 21 realty who told them to just forget it because of the legal issues involved. Century 21 eventually took their sign down and it's been like that ever since until the trustee hired another local realty company and listed it once again almost three months ago. Anyone wonder why I am skeptical?
 

Rick

Moderator
Staff member
happy dance.jpg

Hard to believe . . . Took 6 months but I closed on that property this morning. 6 months to close on the easiest simplest real estate deal possible. No building inspection, no buildings. No septic inspections or approval needed. No financing, cash deal. 6 months but it's done now.
 

CZ93X62

Official forum enigma
Very nice, Rick! Persistence pays off, good to read this.

You might recall that little Martini-Henry in 218 Bee that I wrote about a couple weeks back? A very similar situation (estate sale) surrounded its sale, and I wasn't in the mood to play that sort of game. Selling a thing is a "Light on/light off" question in my world--either you wish to sell it, or you don't. If a "gray area" is part of the program, YOU DON'T. Call me when you REALLY want to sell it, I didn't come here to dance.
 

Rick

Moderator
Staff member
I remember the 218 Bee Al but it was the XP that raised my eyebrows and got my attention.
 

CZ93X62

Official forum enigma
Yessir, I recall that. At present there are two 22-250s, four 223s, and a 22 Hornet in the rat-strafing/song dog harvesting lineup. I think the 22 centerfires are largely covered, though the Bee was weird and strange enough to get my attention. The 222 and the 221 just didn't ring my chimes sufficiently.

I have room in the safe for a few more handguns, but rifle and shotgun space is at a premium. The long guns almost have to sleep in shifts as it is. The REAL answer is a second and larger safe, but that waits on non-shooting-related factors presently looming large--SWMBO and her education & career plans.
 

Charles Graff

Moderator Emeritus
If the land is actually a part of a "legal estate", the Executor/Administrator has the power to sell the property regardless of what the heirs want. Of course, in a family situation, that gets a bit dicey, at least if they want to have a family Thanksgiving.
 

Rick

Moderator
Staff member
As I understand it Charles, The guy bought the property sometime around 1996 and passed away leaving everything to his wife. She passed away in 2010 and left a will that included everything except the real estate. In another part of the will she left this property and 3 or 4 other properties to her four children, 3 boys and a girl. One brother was chosen as executor of her estate but according to the title company the real estate was not included in the estate and the executor did not have the authority to sell it without all four siblings signing their interest in it over to the executor. Two of the brothers and the sister did so but one brother held out. The title company would not set a closing date without all four notarized signatures. But hey, no point in making things easy huh?

Maybe you nailed it though, Thanksgiving coming up and the hold out brother signed off on it. :rolleyes: :confused:
 

JonB

Halcyon member
Glad to hear of your success, although it took a while, LOL.
I've rarely heard of any Real Estate successes with siblings and estates.
 

CZ93X62

Official forum enigma
Glad to hear of your success, although it took a while, LOL.
I've rarely heard of any Real Estate successes with siblings and estates.
I think the key here is to have GOOD, STRONG, CLEAR, WELL-WRITTEN DOCUMENTS that all involved parties have knowledge of. California has screwy laws, but its probate and estate laws are pretty straight-forward and rock-solid.......if you write things down. CLEARLY. Done simply and correctly, inheritances can be easily managed here. Contesting a will is a very low-profit venture in these parts, and the time for a probate attorney is NOT after someone passes--it is BEFORE. Get yer ducks in a row while you are still healthy.
 
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freebullet

Guest
Congratulations, Rick! Now you'll be able to build a sweet apartment complex for Syrian refugees right close by. ;)