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Can foreclosed property be sold after owners death and before probate?

Ashland, AL |

I found some property that was foreclosed on listed with a realtor. The owner died in February 2009 and the foreclosure was in June 2009. There is no probate on the individual and his daughter is not going to file one. There was some land line disputes prior to the owners death. The attorney for the other party said the property cannot be sold until after a probate (there is no will) because he owes money for surveys and legal fees. Is this true?

Attorney Answers 1


I'm in California, and so the law is different here than in your state. I had a recent probate with the same issues. After the foreclosure, the estate is entitled to the balance of proceeds from the foreclosure sale. If you have no such balance due from the sale, then I presume that it would not be economically worth while to pursue a survivor's action.

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