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CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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My question is about a family member who is deceased. This

Customer Question

Hi, My question is about a family member who is deceased. This member had purchased a plot of land when renting with the option to buy . The owners husband and wife signed a rental agreement as to this statement. This family member received a legal document signed by the wife but not the husband. She had previously sent a legal document with names crossed out and replace with the family member. Was told with the names crossed out on the document was no longer legal. I have written a letter to state this problem to the wife and sent a legal document to be filed out and signed by bother her and her husband. With no reponse. This was done in March. It is now August. Went to a title company who told me to go to a lawyer. Not sure of who to see,what kind of lawyer. What the cost of a reasonable lawyer should be , and what I should expect from the lawyer.
Submitted: 11 months ago.
Category: Legal
Expert:  CalAttorney2 replied 11 months ago.

Dear Customer,
Thank you for using our forum. My name is ***** ***** I hope to assist you today.

Expert:  CalAttorney2 replied 11 months ago.

I am sorry to learn about this situation.

You will want a civil litigation attorney (if possible you would want one with real property litigation experience - but you really want a litigator (someone who specializes in going to court and representing people in lawsuits)).

What you are going to hope for is that the attorney will be able to make a couple of demands on the other party and they will comply and send a proper deed or note to correct the situation, and your family member's estate will be able to assume their place in the lease to own contract (this may require probate being opened if it is not already).

If this doesn't work, your attorney may suggest trying to use mediation as an option prior to filing a lawsuit - this is a good option if it seems that a resolution may occur as it will save everyone a lot of time and money.

Finally, if none of this works, the attorney will file a lawsuit against these two on behalf of the estate (this will definitely require probate to be opened - the attorney will either do this for you, or instruct you on how to do it). This can get complicated and may take a long time (2-3 years is not uncommon).

Expert:  CalAttorney2 replied 11 months ago.

You can find local attorneys using the State and local Bar Association directories, or private directories such as;; or (I personally find to be the most user friendly).

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