I am in NY and am interested in a piece of land adjacent to my brothers property. The name of the person on the deed is deceased since 06. I found it is going for tax sale in a few months and don't want to take the chance of losing it to a high bidder. I have located the family of the person named on the deed and they have no interest in it as it would cost too much to go through the probate court because there was no will. I also have talked to the county where the land is and have the tax amount owed. If I pay the taxes it would only be a good deed not a lien. Is it a good idea to pay the taxes before sale and then figure out a way to get the deed later. Can I also take it to probate court for an abandened property and get the deed that way. I only have a month to get this right so any hint clues or answers would be great.

If you step up to pay the taxes the folks who inherited the land have no reason at all to give it to you. They could turn around and sell it. You can sign a contract with them to buy the land as is and then pay the taxes before the sale. The hang up is who actually is the current owner under NYY law. The owner died intestate and NY has laws about the process. Intestate Administration - Dying Without a Will in New York

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Originally Posted by diablo_bay

...If I pay the taxes it would only be a good deed not a lien [?]...

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Probably, unless you get an agreement in writing with the heirs first.

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Originally Posted by diablo_bay

...Is it a good idea to pay the taxes before sale and then figure out a way to get the deed later [?]

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Maybe. Depending on how you crunch the numbers.

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Originally Posted by diablo_bay

... Can I also take it to probate court for an abandened property and get the deed that way. [?]

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Not as an abandoned property. You would go to probate and either apply to be personal representative (if a stranger is allowed to be P.R.), or front the legal costs for the heirs.

Before you do that make sure you have an iron-clad contract with the heirs.

And to do that, as well as about doing the necessary probate work, you need to consult a local attorney.

I have talked to the family members and they don't want the property. They would rather it go to tax sale because the process to go through probate court for them would be over 20,000 or more to get a turn around of 2,000 or so. There's also other property involved with the estate. No one has filed for executor of her estate and no one wants to. The deed is still in the deceased name with no husband and no children, just siblings. How would I get them to sign a contract with no one wanting to file for executor.

Ok here's one. If I pay the taxes clean the place up, use it, what do the laws read on that subject as long as the taxes are paid and the family doesn't want it. How would I fair in that aspect.

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Originally Posted by diablo_bay

... They would rather it go to tax sale because the process to go through probate court for them would be over 20,000 or more to get a turn around of 2,000 or so. ...

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That is, I suspect, a lot more than you would need to spend for your limited purposes. You need to ask for a free consult with a local probate attorney rather then rely upon their guess as to how much it would cost them. I wouldn't be surprised if they pulled that figure from thin air without even asking an attorney.

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Originally Posted by diablo_bay

... How would I get them to sign a contract with no one wanting to file for executor.

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Offer them money.

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Originally Posted by diablo_bay

Ok here's one. If I pay the taxes clean the place up, use it, what do the laws read on that subject as long as the taxes are paid and the family doesn't want it. How would I fair in that aspect.

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You are thinking of adverse possession/ "squatter's rights". No. Won't work. You can't simply take someone's property, even if they don' t want it, and make it yours.

Ok so let me get this right. If I get them to sign a contract even though no one wants to go to probate court for the rights of executor for the property would that give me the right to get the deed. And what would the contract consist of.

Ya, I knew adverse possession was nul and void. Just hoping..

The only way this works is if someone becomes executor of the estate and then signs the property over to you. If you pay the taxes without a deed, you stand the chance of losing that money since paying the taxes will NOT give you any right to the property. It would be considered nothing more than a gift.

$20K seems a very high cost for probate.

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Originally Posted by diablo_bay

... And what would the contract consist of....

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It would give you the right to seek title to the property in probate. They would agree to sign any necessary papers, to release you from any claims to the land, etc.

I suppose if you got deeds as well, from all heirs, and then paid the taxes, those deeds could ripen (after tolling of the adverse possession SOL) into title. That would avoid the claims of the estate creditors, whatever they may be. But getting clear title (and title insurance) might be problematic: could entail a quiet title lawsuit.

First it is not going to cost 20,000 to go though probate, but unless they are willing to do something, it will be sold at taxes.

Next if it is only worth 2000, what is the out standing taxes, seldom does property go much higher than the current tax ( but it can) if it was worth so much more than taxes, the family should be interested in selling it then

Please explain

I am only quoting what the oldest member of the family told me for the cost of probate for the total estate he was told by a Lawyer here. I have been reachering through the internet trying finding some family members to see about the property. There are 14 siblings in this family and NO ONE wants to spend the money going through the probate process. The taxes owed on the parcel I want is 5,000.00. I want to be able to stop it from going to tax sale. There is other property involved in this estate too. Is that why it is so much and he was very adamant about that price more then once. He told me he doesn't care if the properties involved go to tax sale or not because no one wants to do the probate thing.

If they don't want to probate the estate then you can't pay the taxes because you will have no way of establishing title. You are better off letting it go and bidding at the auction.

It would give you the right to seek title to the property in probate. They would agree to sign any necessary papers, to release you from any claims to the land, etc.
That sound good. I Like that idea.

Have been looking at the process for probate here and want to know if I follow that process do I have to do it for the whole estate or can I just do it for the parcel I want.

You are better off letting it go and bidding at the auction.That process wouldn't work for me to well. I would have to bid a lot higher then I want. We have that natural gas thing going on here and I don't want to loose it to someone that wants it for that purpose. Across the street they auctioned one lot less then an acre and it went for 5,600. Let me state I'm not interested in the natural gas just the land. It would be a great addition to the 17 acres my brother already owns right next to it.

LOL.. tried to do the quote thing with this one and welllll didn't work. Somedays just a little computer challenged!!

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Originally Posted by diablo_bay

... do I have to do it for the whole estate or can I just do it for the parcel I want.
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The NY statutes and probate rules online are not well organized, so, every time I try to look at them I tend to get lost. But in principle, yes, you could intentionally "forget" about some assets, and if the "heirs" have released you from liability for failing to include that other property, there is no-one to complain about a "less than perfect" job of estate administation.

The big problem is you don't know what creditors' claims there are. If a creditor files a claim against the estate, you would be obligated to pay that before you could give yourself the property. So if there are a lot of claims, the whole idea wouldn't work. Now that I think about it, that's where the majority of the $20,000 figure probably comes from: not lawyer fees but creditor claims.

Yes it is a very confusing site, but a BIG THANKS from me for all the insight everyone has given me in this issue.

1.. If I get it written into the contract I propose to the family can I get it freed from the creditors' claim on the estate, or are they automatically attached to everything involved in the estate?

2.. Would it be better if I do the probate thing for the whole estate?

3.. Could I dump the house to pay the creditors' claims or does the creditors have to be paid first?

Just a few thought going around in my head this morning. Is there a way I can find out what the estate consist of without going through the probate court before I decide what I need to do?

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Originally Posted by diablo_bay

1..If I get it written into the contract I propose to the family can I get it freed from the creditors' claim on the estate, or are they automatically attached to everything involved in the estate?

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Sorry it didn't occur to me sooner, but possible creditors claims are probably a deal-breaker for you. I don't think there is any way of knowing how much they are without getting appointed P.R. and publishing the required notice.

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Originally Posted by diablo_bay

2..Would it be better if I do the probate thing for the whole estate?

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Actually, probably so. The more assets the better.

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Originally Posted by diablo_bay

3..Could I dump the house to pay the creditors' claims or does the creditors have to be paid first?

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Creditors, if not paid from the assets, including the house, could sue you.

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Originally Posted by diablo_bay

[4]..Just a few thought going around in my head this morning. Is there a way I can find out what the estate consist of without going through the probate court before I decide what I need to do?

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Without cooperation from the next-of-kin, it would be difficult. They knew the decedent and you didn't. So they would know what he owned: not only real estate (could be anywhere), but stocks, bonds, bank accounts, anything. And if they don't know, only they would probably have access to his papers, etc.

You can't do anything in probate. You have no valid claim on the estate.

You could fund one of the relatives in bringing the estate to probate. If the other potential claimants all waive their rights, it could speed things.