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LawTalk
LawTalk, Attorney
Category: Real Estate Law
Satisfied Customers: 35365
Experience:  I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
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My brother inherited my mother's house and deed is now in s

Customer Question

my brother inherited my mother's house and deed is now in his name. However, it's listed as accommodation uninsured and title company requesting executor signature. I am the executor and refusing to sign. Because my brother signed sales agreements, buyer is now threatening to sue us both. Can they sue and win. Again, title company refusing to do sale without my signature. Do they have a case
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  LawTalk replied 1 year ago.

Good afternoon,

I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today.

If the buyer sues your brother it will be based on breach of contract. As you have not entered into a contract with the buyer, the buyer has no legal cause of action against you.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please remember to rate my service to you so that I can be compensated for helping you. Thank you in advance.

I wish you and yours the best in 2015,

Doug

Customer: replied 1 year ago.
My brother wants to move forward with sale, it's the title company that is refusing to do the sale with my brother's signature. Can't my brother repay any money spent and that be the end of it.
Expert:  LawTalk replied 1 year ago.

Hi,

You asked: Can't my brother repay any money spent and that be the end of it. No, it just doesn't work like that. Your brother presumably entered into a binding contract to sell a piece of property, and now he has the legal obligation to sell it to the buyer(s). If he refuses to do so and it is within his control to sell, then he can be sued. But you cannot be sued. He may not however use the fact that you won't sign some document relating to proving clear title to the property as a legal excuse not to sell. That is not a legal defense.

I have to say that this is all very suspicious and I sense there is a lot you are not telling me. As the executor, if the property is willed to your brother it is up to you---it is your duty---to transfer good, clear title to him and for some reason you appear to be refusing to do that. Care to explain? Do you have a problem with your brother? Or is it perhaps that the two of you in some sort of agreed plan to prevent the property sale for some reason?

This seems like a very crucial matter for you, and your questions and issues suggest that an in-depth conversation might best suit your needs. If you are interested, for a nominal charge I can offer you a phone conference as opposed to continuing in this question and answer thread. I will make that offer to you after I get this posted to your question thread. All you need do is accept the offer if you would like me to call. Let me know if you don't want a call and I can continue here with an answer.

Doug

Customer: replied 1 year ago.
They're asking for the property to go back to the estate. Therefore, estate would be selling property and check would be made out to estate not my brother..Their reasoning is that there are 10 beneficiaries listed on the Will. I've spoken to title company that transferred deed to my brother and they've said what buyers title co is requesting makes no sense. I asked buyer to do sale with our title co they are refusing b/c they've already paid settlement cost, which i've agreed to pay. I'm not happy but at this point doesn't look like I have much choice.
Expert:  LawTalk replied 1 year ago.

If there are 10 beneficiaries identified in the will, how and why was the title placed in the name of just your brother? Was the property specifically willed ONLY to him?

Was there a court order directing you to transfer the property to the one brother?

Doug

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