QUESTION
What will happen if the land contract was signed to me but the will states otherwise?
Asked on Jun 03rd, 2013 on Landlord and Tenant Law - Nevada
More details to this question:
I am currently in a land contract on my home. I have lived here for two years. The man I purchased it off of passed away. The land contract is signed by his daughter as attorney in fact for him. Not sure how that works, but in his will, the house was to be left to his son who is in prison. Please tell me my contract will override his will because he was still alive when it was notarized. I know the son, if it goes in his name he will take it when he gets out of prison and I will be homeless. Thanks a lot for your help.
7 ANSWERS
Family Law Attorney serving Durham, NC
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Morelos Law Firm
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A person cannot give away that which they no longer own. At the time of the sale, title passed from him to you (assuming the deed is proper and there is nothing questionable about the daughter signing by power of attorney - she didn't just claim she had it but in fact had a document to show for it and got it properly notarized with necessary identification, etc.). Wills detail what someone wants to do with their assets upon their death if still owned at that time. If he no longer owned this property at his death, that part of the will has no effect.
Answered on Jun 05th, 2013 at 8:05 PM
Kirk David Miller
You need to have an attorney review the documents. Particularly where real property is involved, I would not give advice about your right to possession or the rights of heirs under the will without seeing the documents.
Answered on Jun 05th, 2013 at 2:40 PM
Litigation Attorney serving Bakersfield, CA
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Dessy & Dessy
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The contract will override the will, if the daughter had a valid power of attorney at the time that she signed the contract for her father, and if the contract has sufficient details to be enforceable. If the home is worth fighting over, in the sense that it is worth more than the amount you owe, then you will need to dispute any probate proceedings designed to transfer the house to the heirs, as if there was no contract.
Answered on Jun 05th, 2013 at 2:38 PM
Business Law Attorney serving Livonia, MI
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Gerald A. Bagazinski
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Your land contract is enforceable. I would escrow the land contract payments and pay the personal representative once an estate is opened with the probate court. Ultimately, the payments will be made to him or the State. Make sure your Land Contract and POA are recorded and ask that a Personal Representative Deed is placed in escrow with a title company to be released upon payoff of the Land Contract. You could always try to get a mortgage and pay off the land contract.
Answered on Jun 05th, 2013 at 2:37 PM
In a Land Contract transaction, the seller has what is called legal title, the buyer has what is called equitable title. The buyer is entitled to legal title after the buyer makes all of the payments required under the Land Contract. At that point, the Land Contract seller should execute and deliver a Deed conveying legal title to the property to the buyer. With the seller's death, if you are correct, the seller's son will now get legal title, but his legal title is subject to your rights under the Land Contract. Once the son has legal title, you should make all Land Contract payments to the son. When you've made all payments due under the Land Contract, the son will be obligated to convey legal title to the property to you.
Answered on Jun 05th, 2013 at 2:34 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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The land passes to the son subject to the land contract. The money you pay on the contract will go to the son and, when you pay it off, he will have to sign the deed to you. If he doesn't, you can sue and get a court order giving you the property.
Answered on Jun 05th, 2013 at 2:30 PM
You are probably alright since the land contract was signed while he was still alive. You need to record the land contract to protect yourself.
Answered on Jun 05th, 2013 at 2:30 PM