QUESTION
Can the buyers take me to court and force me finish sale if my dad died a few days before closing his land sale?
Asked on Sep 19th, 2013 on Estate Planning - Nebraska
More details to this question:
Now 3 weeks after, the buyers have started harassing us via phone telling us we have to sell them the land. The real estate office is telling us the same too (I’m assuming because they want the commission and pressure from buyers). I want to keep the land. I have barely started probate for representative and legally do nothing with it until that's done.
14 ANSWERS
You need a good probate lawyer to help you determine your rights. You father's estate probably has the legal obligation to complete the sale.
Answered on Sep 25th, 2013 at 2:27 AM
Edwin K. Niles
If you have started probate, you should ask your probate lawyer about closing the sale. But yes, the personal representative of the estate is probably bound by the contract of Dad.
Answered on Sep 24th, 2013 at 5:40 AM
You are correct in that you can do nothing until your appointment as personal representative. In the meantime, you should consult a real estate/probate attorney to review all of the facts and determine if the contract of sale remains enforceable.
Answered on Sep 24th, 2013 at 5:37 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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The property CANNOT be sold until it goes through probate. It MAY be the case that the sale would need to be approved by the court. Whether the estate would be required to sell depends on the terms of the contract. You should have this reviewed by your probate attorney before determining how to respond.
Answered on Sep 24th, 2013 at 4:38 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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You should contact your probate attorney to represent you, and the estate of your father; you cannot complete the sale until you have court authority to sell the property, assuming a valid contract for the purchase is in place; title cannot pass as your father died, but can pass when you have authority to sign.
Answered on Sep 23rd, 2013 at 2:58 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Send them a letter that states that they can make a claim on the estate. It may be, depending on your state's law, that you will still have to sell.
Answered on Sep 23rd, 2013 at 2:54 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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This would be up to the lawyer who will be helping you with the probate. I believe (Oregon answer) that the PR has the power to refuse to honor a contract made by the decedent; however, this would be breach of contract and the buyers would have their rights under the contract. To complicate that, unless you are the only beneficiary of the estate, you have a fiduciary duty to others not to get the estate embroiled in unnecessary litigation. If your father sold the land, he had his reasons, and you as his PR have a duty to carry forward as he wanted.
Answered on Sep 23rd, 2013 at 1:02 PM
Thomas Edward Gates
The estate is now the owner of the property. All activities started, but no closed, would need to be honored. You, however, do not need to close until the end of probate when you settle the estate. You should have an attorney assisting you with probate.
Answered on Sep 23rd, 2013 at 1:01 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It is most likely that the estate will most likely have to complete the transaction commenced by your father.
Answered on Sep 23rd, 2013 at 1:01 PM
3 Awards
Yes, you need to get authority to complete the sale if your father had signed a contract. In Nevada, see NRS 148.420 which sets forth the authority to complete a conveyance and sets forth basis for the same.. You should seek out qualified probate counsel to assist you in this regard. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.
Answered on Sep 23rd, 2013 at 1:01 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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They probably can force the land sale..but HIRE AN ATTORNEY because the answer is document driven I would have to review the purchase agreement to be sure.
Answered on Sep 23rd, 2013 at 12:52 PM
The estate probably has to sell. Check with an attorney to review the papers.
Answered on Sep 23rd, 2013 at 12:51 PM
2 Awards
The estate can be forced to complete the contract. You will need to be the personal representative to finish the sale however. The buyer can sue you for damages if you don't complete the sale.
Answered on Sep 23rd, 2013 at 12:45 PM
Check with the attorney you've hired to assist the the probate of your father's estate or an attorney who specializes in real estate transactions. Until a court approves an executor or personal representative, there's no one who can legally sign off at the closing.
Answered on Sep 23rd, 2013 at 12:41 PM