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rvlaw, Attorney
Category: Estate Law
Satisfied Customers: 8386
Experience:  30+ years in private practice handling estate matters; Law professor; Mediator.
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Hello, Barrister, I, have a question in regards XXXXX XXXXX

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Hello, Barrister, I, have a question in regards XXXXX XXXXX real estate property. The property was owned by mother who is a ward of the courts. My sister is the guardian over her estate and the contract has been approved by the courts on July 26, 2013. I, have attempted to secure a mortgage, but when I, did not receive a correct commitment title, I, will now pay cash. I, was informed by my attorney to make out an cashier check out in my name to bring to the closing. I, want to know would it be best to make the check out the estate of my mother naming my sister c/o guardian along with the court case # XXXXX the cashier check as well. This way she can sign over the cashier check at the closing and I,have identified what the cashier is for. The reason why I question this is because the guardian has been trying to keep from closing on the property since June, 2011. I, want to be certain that the proper titles, names is on the cashier check. Any thoughts or suggestion that I, can ask of my attorney on this matter. Thanks, XXXXX XXXXX wait for your answer.

Hi and welcome to JA.

My thoughts: if the contract of sale has been approved by the court, the proper way would be to make out the check to " your sister as guardian of XXXXX XXXXX". I don't know why it would be returned to you. The contract approved by the court is "XXXXX XXXXX as guardian of XXXXX XXXXX" as seller to you as purchaser. The check should be made out that way. The deed is going to be made from "XXXXX XXXXX....." to you.

Also, if the court has approved the contract of sale, your sister has no right to keep postponing the closing. I would have your lawyer send a letter certified mail RRR to her or her lawyer stating that if the closing doesn't take place by (a date you select)you will go to the court to force her to close, accept the check and give you the deed.

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