Posted on: 26th Jan, 2013 11:17 am
I am escrow for my first home, just before closing, I found that the seller who had single ownership passed away. She was married at time of death, can the husband claim right to survivorship, change title and sell the property. I live in CA
The death of a seller prior to closing a real estate transaction does not usually void the agreement. However, there will be a delay in the closing that can extend for many months. You need to discuss with your lawyer what your options are.
Hi Guest,
If the husband and wife both owned the property with the right to survivorship clause mentioned on it, then he can claim the property and sell it off. Again if he was not mentioned on the title. then he can file an affidavit of heirship at the county recorder's office and get the property transferred in his name. Once this is done, he can sell off the property.
Thanks
If the husband and wife both owned the property with the right to survivorship clause mentioned on it, then he can claim the property and sell it off. Again if he was not mentioned on the title. then he can file an affidavit of heirship at the county recorder's office and get the property transferred in his name. Once this is done, he can sell off the property.
Thanks