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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33717
Experience:  15 years real estate, Realtor. Landlord 26 years
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My father I'm law just passed away he is a step father he.

Customer Question

My father I'm law just passed away he is a step father he. Left no will or no power of Attorney there in no taxes owed on the property and the property is clear I and he had previously signed a contract that I was to by the property can this still happen and can the state take it ?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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Do you have a written contract signed by both of you agreeing on a fixed purchase price for the property?

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Has anyone filed a probate case to settle his estate?

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thanks

Barrister

Customer: replied 1 year ago.
a contract has been signed by both parties.
Nothing has been filed against the estate.
Expert:  Barrister replied 1 year ago.

Ok, then the contract is still entirely enforceable. It would just be the deceased's estate, through the Executor/Administrator, that would continue on with the contract and conclude the sale.

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But only the representative for the estate would have the authority to sign a deed transferring the property over once the money was tendered for payment. So someone will have to file a probate case to settle the estate and be appointed representative so that they can continue with the contract.

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thanks

Barrister

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