Today, I stumbled upon a house that i am interested in purchasing for investment purposes. So, while at the courthouse looking up the information, I encounter an Affidavit of Heirship, as the next link in the chain of title or in my own words "last recorded occurance for the property". So, I came home and googled the owner's name, and called her.
Apparently, the owner is the sister of the deceased, who passed 3 years ago in February of next year, and after the will was either not found (intestate) or found invalid, a Judge issued the Affidavit of Heirship for the sister. The owner told me the name of the lawyer she hired, after an adopted daughter hired a lawyer, apparently to contest?
I have done a little reading, only enough to be dangerous or either more confused, because, I am sort of under the impression that after a Judge determines the identity of the heirs under state law, that that ruling would be in the probate file as a public record, and is the reason, that the sister is listed as the owner?
So, I guess my question is, in your best guess, what conceivably could be the goal of hiring an attorney by the daughter? Or, is it reasonable to presume this may have something to do with muniment of title. And lastly, is the soon to be three years of any import to all of the above, or is there no right to an expeditious trial in civil matters, such as the above?
Sorry, if this isn't crystal clear, but i don't know how else to ask.
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Affidavit of Heirship...
4 posts • Page 1 of 1
Affidavit of Heirship...
by Christine Marie on Thu Dec 06, 2007 7:18 pm
Keep your friends close, and your enemies in front of you....
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Christine Marie - Certified Residential
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by Otis on Fri Dec 07, 2007 12:01 am
So did you "stumble" across this in the aspect of performing an appraisal on it? Was this just a fluke? Not a job, then go for it. The "daughter" is looking for quick and easy money, IMHO.
Don't believe everything you think 
What are they SMOKING?<<Link
What are they SMOKING?<<Link
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Otis - Certified Residential
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by Edd Gillespie on Fri Dec 07, 2007 7:51 am
As far as the law in CO goes there is a provision for real estate title to pass exactly as you have analyzed, however there are title companies that will not accept it and require a PR deed. Better check with title insurance. Might have to open the estate, appoint a PR and get deed.
Edd “In the real estate economy, there are no guarantees that reason will prevail in a market where emotions run high and the amount of misinformation runs deep.” Jonathan Miller in The Matrix. So what’s an appraiser to do?
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by WM on Fri Dec 07, 2007 9:07 am
I don't think there is anything magic about 3 as a number when it comes to estates.
My husband's aunt passed with a simple estate and clear will. Still took almost 3 years to settle - in fact it was 2 years and 11 months. That makes 3 years settlement time for an estate with no will look downright speedy.
I'd be real careful about getting clean title on that one. Sounds like the daughter could really throw a wrench in things.
My husband's aunt passed with a simple estate and clear will. Still took almost 3 years to settle - in fact it was 2 years and 11 months. That makes 3 years settlement time for an estate with no will look downright speedy.
I'd be real careful about getting clean title on that one. Sounds like the daughter could really throw a wrench in things.
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