QUESTION

Property contract

Asked on Jun 11th, 2024 on Real Estate - Florida
More details to this question:
We buying a property by contract from owner selling to buyer making monthly payment owners dies property goes on probate to family members we ask who do we pay monthly payment to they say don't pay yet place on probate now a year and 9 months later day want all the money at once do we have the right to go by what the contract says or do we have to pay it all at once
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1 ANSWER

Construction Law Attorney serving St. Augustine, FL at Anastasia Law, PL
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Merely because the owner died does not give the eventual successors to owner's interest to change the terms of the agreement.  First, unless and until the family members opened a probate and someone is appointed as a personal representative, no family member had the legal authority to act on anything.  Second, no attorney answering questions on these types of internet sites can provide the kind of specific advice you need, as it will require a review of the actual terms and conditions of the entire contract, the deed, and any probate court papers to advise on the potential rights and remedies of both sides.  One suspects, without knowing, the contract said you had to make the monthy payments regardless of death of owner, and as a practical matter, you should have held aside the monthly payments as your obligations under the agreement were equally still in effect and the day of reckoning was sure to come.  All this said, it is entirely possible that a negotiated settlement could result in a workout where it is more affordable for you to catch up.  Consultation with counsel well versed in probate and real estate as soon as possible is going to be to your best benefit as once a default notice is issued, penalties, higher interest rates, and attorneys fees may well be added to the balance due. 
Answered on Jun 24th, 2024 at 3:39 AM

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