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  1. #1
    Join Date
    May 2014
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    9

    Default Buying a House from the Son of the Deceased Owner

    My question involves real estate located in the State of: GA
    I am interested in purchasing a home from someone but it has not been directly conveyed to him according to county records (that I can tell anyway). It was his mother's house and she got it through warranty deed back in 94 and that is the only recorded action on the house since then. She passed away a couple years ago and he is trying to sell me the house now with a quit claim deed. He is not a business type person at all so I wanted to know for myself what documents I need from him to prove it is a legal sale. What if he signs her name to the quit claim deed? That seems like something he would suggest...what would even happen? Thanks for any input!!

  2. #2
    Join Date
    Nov 2013
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    6,810

    Default Re: Buying House from Son of Deceased Owner

    A quit claim deed is not the way to purchase property in a case like this. The property would have to pass through the mother's estate before you buy it. And I would not buy it on a quit claim deed.

  3. #3
    Join Date
    May 2014
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    9

    Default Re: Buying House from Son of Deceased Owner

    Yes I understand that thank you...so does it need to be deeded to him first? He is the only heir.

  4. #4
    Join Date
    Oct 2006
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    16,085

    Default Re: Buying House from Son of Deceased Owner

    Quote Quoting dogluvr
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    Yes I understand that thank you...so does it need to be deeded to him first? He is the only heir.
    He could open probate, apply to be the administrator/executor of her estate, and then have her estate sell you the house. Other than that though, he would need to get the deed in his name before he can sell it.

  5. #5
    Join Date
    Sep 2012
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    1,988

    Default Re: Buying House from Son of Deceased Owner

    you would be foolish to but it from anyone other than the deeded owner with a warranty deed. a quit claim makes no guarantee that he even owns what he is selling.

  6. #6
    Join Date
    May 2014
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    9

    Default Re: Buying House from Son of Deceased Owner

    I met with him today and he is in fact the administrator of her estate. I have a copy of the court documents where he was approved as the administrator last year. So what wording should i look for in the deed?.... Would it be "jane doe estate" as the grantor with his signature and then some kind of indication that he is administrator? Like maybe written below his signed and printed name?

  7. #7
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    Oct 2006
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    16,085

    Default Re: Buying House from Son of Deceased Owner

    Quote Quoting dogluvr
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    I met with him today and he is in fact the administrator of her estate. I have a copy of the court documents where he was approved as the administrator last year. So what wording should i look for in the deed?.... Would it be "jane doe estate" as the grantor with his signature and then some kind of indication that he is administrator? Like maybe written below his signed and printed name?
    In that case he is free to sell the house, and it does not need to be deeded in the name of the estate for that to be possible.

  8. #8
    Join Date
    May 2014
    Posts
    9

    Default Re: Buying House from Son of Deceased Owner

    Thank you so much for the help!! I feel much more comfortable now...you are the second person to tell me that today. Great work!!!!!!

    - - - Updated - - -

    One more question...is another witness required other than the notary and one witness? in other words do I need two witnesses and the notary? Or just one witness and the notary? Thanks

  9. #9
    Join Date
    Sep 2005
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    Default Re: Buying House from Son of Deceased Owner

    Quote Quoting llworking
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    In that case he is free to sell the house, and it does not need to be deeded in the name of the estate for that to be possible.
    Note, even if we assume that this is a court-approved sale from the estate by the son acting in his role of administrator, you would still want a warranty deed. If you decide to purchase the property based on a quit claim deed, you may find that the property is encumbered; and you would have no recourse against the seller.

    If you're obtaining title insurance, the title insurance company should be able to provide a deed and handle its execution at the closing.

  10. #10
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: Buying a House from the Son of the Deceased Owner

    Use a real estate attorney to represent you in the purchase. The potential savings makes his fee a drop in the bucket.

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