What can be done if I have a buyer for the property but do not know how to go about selling? 6 Answers as of April 10, 2015

My husband passed away 8 years ago. He owned property with his brother. His brother is now in end stage dementia. Owners live in another state.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Law Ofices of Edwin K. Niles | Edwin K. Niles
You may have to have a conservator appointed in the state of residence of your brother-in-law. Find a lawyer in that state who does this sort of work.
Answer Applies to: California
Replied: 4/10/2015
Charles M. Schiff, Attorney at Law
Charles M. Schiff, Attorney at Law | Charles M. Schiff
It is likely that a guardian would need to be appointed to convey the incompetent brother's property interest. A potential buyer cannot obtain good title unless there is proof that the parties selling have good title themselves and that the sellers have the mental capacity to sell.
Answer Applies to: Minnesota
Replied: 4/10/2015
Law Office Of Victor Waid
Law Office Of Victor Waid | Victor Waid
You will need to obtain a probate lawyer to file a petition for probate in the county where your husband lived to obtain clear title to the property as the buyer will insist on receipt of clear title; be sure to process through a title company who can insure title being clear; I hope you realize, the brother who has dementia is entitled to one half of the property, or his children are, if he passes before probate action is completed.
Answer Applies to: California
Replied: 4/8/2015
James Law Group
James Law Group | Christine James
Get an attorney. There are many factors here, including how title is held, whether probate of your husband's estate will be required, whether the brother has an agent under a power of attorney or trustee or conservator that can sign on his behalf. You need an attorney to help.
Answer Applies to: California
Replied: 4/8/2015
Irsfeld, Irsfeld & Younger LLP | Norman H. Green
Where is the property? Is it California? If so, you must take steps to0 clear title to the property. This may mean a conservatorship for your brother-in-law or waiting until he dies.
Answer Applies to: California
Replied: 4/8/2015
Click to View More Answers: