Real Estate Law
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You mention that this is "your house". Is it in your name (that is, a deed given to you with your name on it, filed with the deed records?) And is the loan a home equity loan secured by the house (such that non-payment would mean that they could lead to foreclosure?)
And what can you tell me about the loan? Is it a home equity loan, etc..?
(that is, secured by the property)? That is, who made the loan?
Was the agreement between you and her in writing? Do you have anything in writing with your aunt and uncle regarding that loan or buying the house?
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I asked "Was the agreement between you and her in writing? Do you have anything in writing with your aunt and uncle regarding that loan or buying the house?"
If that is the case, then there's really nothing that they can hold you to, however they can still take you to court for breach of the agreement, even though your grandmother has passed away, if the estate is still open and they are the court appointed executors. As to what you are legally required to do, that entirely depends upon the contractual relationship between you and your grandmother (and her subsequent estate following her death). That means that they would need to prove the elements of a contract (oral) that would be breached if you did not pay it. That would be an offer, acceptance, and consideration. In short, if you agreed to pay something in exchange for your grandmother paying something, then that would be the elements of the contract, but if this was "gratuitous" (in that she didn't benefit really from it) then that would not be contractual, and no one could hold you to something that is not a contract.
Furthermore, since it benefits the property, it would be difficult to establish that there were any "damages" that would need to be proven in a breach of contract action if you were to just walk away from payingthat.
personally if I were you I would want something in writing from all the other beneficiaries saying that they are going to sell the property to you.
This is what's known as a purchase and sale agreement.
you can find a copy of a purchase and sale agreement here: http://www.browsethishouse.com/GeorgiaPurchase-SaleAgreement.pdf
if you are serious about purchasing this property from the estate, this is something that administrators of the estate (or executor in the case that there was a will) would need to sign indicating that there was a contractual agreement between you and the estate to purchase the house for a certain amount of money.
Again, while it is possible that there is an oral agreement between you and your grandmother, it sounds more likely that it would be a gratuitous situation where your grandmother paid something without actually benefiting, and if that is the case then you would not be legally required to pay for the loan. Now if you were not to pay for the loan, there could be certain consequences, in that the executors may not sell you the house, or might require more to be able to sell you the house (since you do not have a written agreement)
so while you do not have an obligation to pay for a loan, not paying the loan could still have negative consequences. Of course you could make continuing to pay the loan contingent upon them entering into a purchase and sale agreement with you.
if your agreement with them was to continue to pay for the roof loan in exchange for you being the first chance at being a buyer, and they are no longer offering the property to you and are looking to sell to another, that would be a breach on their part, and you would not need to pay the loan. (I think that is what you were asking...)
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Yes. I would absolutely do that. Make sure that you get it in writing, so that you can enforce it should you need to.
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