Legal Question in Real Estate Law in Wisconsin

Probate

I found a house with my realtor and we put in an offer and it was accepted. Then we found out the seller's father passed away and their mother is in a nursing home and the house and land was never switched over. In other words they're going through probate. We have a closing set for May 1st. How long does this normally take? Is there anything that I can do because the seller went through another realtor and never disclosed this information?


Asked on 4/02/08, 12:40 pm

6 Answers from Attorneys

Thomas Schober Schober Schober & Mitchell, S.C.

Re: Probate

As long as the seller gets appointed as a personal representative of the decedents' estates, he would have the power to sell the decedents' real estate. You should be sure you have representation to check the title policy you get to be sure all liens, including tax liens, are appropriately released from the property. If the seller has an attorney representing him, there should be enough time to get this done by May 1, barring something fairly unusual.

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Answered on 4/02/08, 1:51 pm
Thomas Schober Schober Schober & Mitchell, S.C.

Re: Probate

As long as the seller gets appointed as a personal representative of the decedents' estates, he would have the power to sell the decedents' real estate. You should be sure you have representation to check the title policy you get to be sure all liens, including tax liens, are appropriately released from the property. If the seller has an attorney representing him, there should be enough time to get this done by May 1, barring something fairly unusual.

Read more
Answered on 4/02/08, 1:52 pm
Thomas Schober Schober Schober & Mitchell, S.C.

Re: Probate

As long as the seller gets appointed as a personal representative of the decedents' estates, he would have the power to sell the decedents' real estate. You should be sure you have representation to check the title policy you get to be sure all liens, including tax liens, are appropriately released from the property. If the seller has an attorney representing him, there should be enough time to get this done by May 1, barring something fairly unusual.

Read more
Answered on 4/02/08, 1:52 pm
Thomas Schober Schober Schober & Mitchell, S.C.

Re: Probate

As long as the seller gets appointed as a personal representative of the decedents' estates, he would have the power to sell the decedents' real estate. You should be sure you have representation to check the title policy you get to be sure all liens, including tax liens, are appropriately released from the property. If the seller has an attorney representing him, there should be enough time to get this done by May 1, barring something fairly unusual.

Read more
Answered on 4/02/08, 1:52 pm
Thomas Schober Schober Schober & Mitchell, S.C.

Re: Probate

As long as the seller gets appointed as a personal representative of the decedents' estates, he would have the power to sell the decedents' real estate. You should be sure you have representation to check the title policy you get to be sure all liens, including tax liens, are appropriately released from the property. If the seller has an attorney representing him, there should be enough time to get this done by May 1, barring something fairly unusual.

Read more
Answered on 4/02/08, 1:52 pm
Thomas Schober Schober Schober & Mitchell, S.C.

Re: Probate

As long as the seller gets appointed as a personal representative of the decedents' estates, he would have the power to sell the decedents' real estate. You should be sure you have representation to check the title policy you get to be sure all liens, including tax liens, are appropriately released from the property. If the seller has an attorney representing him, there should be enough time to get this done by May 1, barring something fairly unusual.

Read more
Answered on 4/02/08, 1:52 pm


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