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?