Warning

 

Close

Confirm Action

Are you sure you wish to do this?

Confirm Cancel
BCM
User Panel

Site Notices
Posted: 5/17/2018 12:53:00 PM EDT
Not sure how best to proceed. I live near KC.

My grandfather purchased a near worthless lake lot ($500) in Benton county (Warsaw) 12 years ago from a lady in Greene county (Springfield) who had just inherited it from her deceased parents. I then inherited this lot from my grandfather 9 years ago. The taxes show up every year with the original (deceased) owners names as well as my grandfather's and my own. I have ALL of the original paperwork from the sale to my grandfather, including probate info, the current and original warranty deed from seller's parents, copies of the check, sales contract, death certificates, etc. They just did a multi-state sales contract, had it notarized, and filed it with the Recorder of Deeds, no title insurance.

4 years ago, after failing to get back into contact with the seller, I called Benton county to inquire about the situation with the names. They sent me to the title company. The title company investigated and stated that the seller/executor of the estate never filed her parent's deaths or probate info with the county, so they don't acknowledge her as being the rightful owner to make the sale.

This week I was able to track the seller down and she is all too happy to assist with getting this straightened out. I just hung up with the title company and they said that the seller needs to get an attorney to file an Affidavit of Heirship with Benton county and to get me a deed from those heirs. Once this has been recorded with the county, all should be well with no further action required.

I assume that I will need to compel her in some way to follow through with this, so it needs to be as painless as possible or she will probably just walk having no incentive other than to offer cash in exchange for a done deal. Is it possible to find an attorney on her behalf, that I will be paying, to have this done? In what county should I try to find this attorney? Would like to think that we could all get this done over phone/email/fax.

Any advice is greatly appreciated, I just want to get this straightened out and not have to invest too much more time/money into an already practically useless lake lot. Only reason for wanting to own it is it adjoins our other, less worthless, lake lot and I don't want someone using it as a dump site. Feel free to email (preferred) or PM if this is something that you could assist with. Thanks!
Link Posted: 5/17/2018 1:20:28 PM EDT
[#1]
Might check with @Roaster72 a Mohtf member here who is an attorney...

He may be able to help, advise or point you in the right direction if nothing else...

***ETA*** not sure if that tag of Roaster72 worked right as I've never actually tagged someone on here... Just thought I'd try...

If not, you may need to PM him...
Link Posted: 5/17/2018 1:37:03 PM EDT
[#2]
Thx @smullen
Close Join Our Mail List to Stay Up To Date! Win a FREE Membership!

Sign up for the ARFCOM weekly newsletter and be entered to win a free ARFCOM membership. One new winner* is announced every week!

You will receive an email every Friday morning featuring the latest chatter from the hottest topics, breaking news surrounding legislation, as well as exclusive deals only available to ARFCOM email subscribers.


By signing up you agree to our User Agreement. *Must have a registered ARFCOM account to win.
Top Top