Do we have to hunt down this co-beneficiary before...?

[TNBelle73]

What is the name of your state? Tennessee

In 1989, my grandmother purchased a small piece of property at a private resort and promised it to my father, but never officially deeded it to him.

She died in 1991, leaving a very simple will for her estate to first pay her debts and then whatever was left to be divided equally between her two children. She named my dad Executor w/o bond.

My dad's elder sister made a surprising big deal about the little scrap of land at the time, even though she knew it had been promised to dad. My dad, already appalled at her for other things, threw up his hands and told her if she could find a way to sell it, she could split the profits with him. Dad had acquiesced many other things at this point, but of course fairness is not at issue now, only legal standing.

May of 1991 was the last time sister and brother spoke to one another. The property sits fallow, though my dad has paid the taxes on it all this time. We don't know where sister is, how to get in touch with her, or whether she's still alive. We're trying to find out.

The time has come when my dad is in failing health and wants to tie up loose ends. He wants to sell the property and halve the money with her. The title to the property is in his name - executor, estate of *names his mom*.

My question is this: do we have to find her or her heirs before we sell the property, or only to send her the proceeds after it's sold? Is it necessary for her to sign the deed, even though no specific mention of the land is made in the will?

Thanks in advance for your help.

 

[TNBelle73]

Apologies for what may be considered a rude bump on this topic. The attorneys I'd ordinarily be working with locally are both on vacation for the holiday - I've gotten some new information over the weekend on the property specifically, but this burning question is eating me up. Does anyone have some information on this question? I'm wondering whether I should be hiring someone to do a soil test or hiring a private investigator first.

Thanks.

 

[seniorjudge]

What grandma may or may not have said is trumped by what she put in writing, which was that dad and auntie split the land.

Have pa run a title report on the land. If the title company says that he is still allowed to sell the land (because, I assume, that the probate is still active), then he can do so. He will then half to distribute half the proceeds to the sister (your auntie).

That's the way grandma wanted it because she put it in writing.

 

[TNBelle73]

Many thanks, seniorjudge, for your reply.

Indeed, there was never a question as to whether the proceeds would be split; what grandma said in the will goes. I only need to know if we need to track down auntie or her family before we offer the property for sale, or if we can simply send her a check and the appropriate records after the fact.

I do know for sure that auntie never had any interest in the use or development of the land.

I know beans about a 'Title Report' - which office should I be contacting for that? Register of Deeds...?

 

[seniorjudge]

...

I only need to know if we need to track down auntie or her family before we offer the property for sale, or if we can simply send her a check and the appropriate records after the fact.

....

That is what I am trying to tell you.

Go to a title insurance company that does business in the county where the property is.

Tell them the story you told here.

Then tell them you need a title report on the land. You do not need title insurance; you just need to know who can sign the deed to sell the land.

(Different companies may call them different things: informational binder, ownership and encumbrance report, etc. The register of deeds is by law not allowed to practice law and give you title opinions...but, of course, I know that many of them nationwide do just that.)

 

[TNBelle73]

Thank you again. I did understand your first reply; sorry for the reiteration of the question, I tend to do that when I'm overthinking.

 

[seniorjudge]

Thank you again. I did understand your first reply; sorry for the reiteration of the question, I tend to do that when I'm overthinking.

Lawyers and judges intentionally make the law cumbersome and difficult so they can keep their jobs!