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RealEstateAnswer
RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 23940
Experience:  9+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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I'm buying a house from owner. The owner recently inherited

Customer Question

I'm buying a house from owner. The owner recently inherited the house, and the title shows owner's name. Yet I recently heard that other family members are considering to sue the owner for inheritance right. My question is, if a lawsuit against the owner is filed after I completed the sale and transferred the house title to myself, would the lawsuit impact my ownership to the house?
Submitted: 5 months ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 5 months ago.

Good morning. Do you know if at the time of transfer, that the owner has legal title? Is there any question if he is the rightful owner and has the ability to sell? Also, who did you hear this from? In addition, what is the basis for them getting sued?

Customer: replied 5 months ago.
The current owner get the title when her husband passed away, and obtained the title per his will. The original owner surely had legal title and ability to sell. His family member is now considering to challenge the legitimacy of the will, but I don't know how they are doing that. I heard it from a close friend of the family.
Expert:  RealEstateAnswer replied 5 months ago.
Thank you for the additional information. As long as she is the legal owner of the home she has a legal right to sell it and convey interest. If they are going to contest the will they need to do so under the law. If she sells it and you take ownership then her family would need to go after her. At closing she needs to convey clear and marketable title
Expert:  RealEstateAnswer replied 5 months ago.

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