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How much is this going to cost me, Lol my father passed away…

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How much is this...

How much is this going to cost me

Lawyer's Assistant: It can cost anywhere from $10 to $100, depending on the type of issue and how much of the Lawyer's time your question is expected to take (how complex and lengthy an answer you require).

Hello

Lawyer's Assistant: Hi. How can I help?

Lol my father passed away in Feb 2017ever since my unclePaul has stated that My father sold him a parcel of land owned by both I've gone to probate and everything was given to me Uncle Paul says he made a down PMT but doesn't know the balance of note. I had a offer of $35,000 with minerals Since I never saw a contract only a couple accepted the contract for 35,000 now the week of closing he comes in with lawyer threatening law suit. What do u think of this

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Tx

Lawyer's Assistant: Has anything been filed or reported?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I inherited tis land and minerals

Submitted: 8 months ago.Category: Legal
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Answered in 3 minutes by:
9/19/2017
Lawyer: Barrister, Attorney replied 8 months ago
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 41,654
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

You may also be offered a phone call, but those don’t come from me and are offered by JustAnswer. If you have requested a phone call with an attorney, your request will post to other experts that do offer this service. When another attorney accepts your request you will get additional instructions.

.

Does he have anything in writing to prove that there was a sale?

.

Is uncle on the deed along with father?

.

Does he have any proof of making any payment?

.

.

thanks

Barrister

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Customer reply replied 8 months ago
Cancelled check
Customer reply replied 8 months ago
they are on the deeds together it's family land I haven't talked to my father for 25 years
Customer reply replied 8 months ago
The cancellation confirmation but no meantion of total sales price
Customer reply replied 8 months ago
Father and Uncle never got along
Customer reply replied 8 months ago
He meantion that he wish he had not made that seale
Customer reply replied 8 months ago
There is no contract in his Pat mine is going to title soon
Customer reply replied 8 months ago
Mine is ready for title
Customer reply replied 8 months ago
Hello
Customer reply replied 8 months ago
Well shit
Lawyer: Barrister, Attorney replied 8 months ago

Just a minute... I got stuck in another question..

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Customer reply replied 8 months ago
No
Customer reply replied 8 months ago
I give up
Lawyer: Barrister, Attorney replied 8 months ago

Ok, if the uncle has some proof of some payment made, then it might be best to hold off on any sale until you have time to review everything.

.

Further, if the property is in both uncle's and father's name, I am not sure how you could sell it anyway without his permission. One owner can't sell if there are two owners... unless the buyer is willing to just own 50% of the property.

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Customer reply replied 8 months ago
That's the problem he wants it all and I want to sell my part
Customer reply replied 8 months ago
He has no control
Customer reply replied 8 months ago
Ontract
Customer reply replied 8 months ago
Contract
Lawyer: Barrister, Attorney replied 8 months ago

You could move ahead with a sale if you wanted to, but if he actually had some contract, then he will file a motion for an injunction with the court to stop any sale from occurring. If he has a little evidence, that will be enough for a judge to issue a freeze on the sale until he can figure out what is going on here.

.

And if he has a cancelled check, courts have interpreted that as a partial contract in other cases.. Then the judge has to figure out what the additional terms of the agreement were and if there is enough to actually form a full contract.

.

You really don't want to sell the property and then get sued by the buyer because there is some outstanding issue about whether uncle bought it or not as you would have to disclose this to the buyer as it is a "material fact".

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Customer reply replied 8 months ago
I am the owner now because of probate everything that was dads is mine correct
Customer reply replied 8 months ago
I have got to go to sleep
Lawyer: Barrister, Attorney replied 8 months ago

Correct, If you filed a probate case in court, were appointed as executor, and then the property was deeded over to you from father's estate, then yes, you are the owner of whatever interest he had in the property..

.

.

thanks

Barrister

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Barrister
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