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My brother asked me to quick deed property left to us from…

Customer Question
My brother asked me...

My brother asked me to quick deed property left to us from our mother's will in return for a promise to pay. A promise letter was signed by my brother in June 2008 and he made 18 monthly payments, but stopped in Feb 2010. He passed in June 2016, and his widow is now trying to sell the property. I know I have a valid contract. An offer and payment. It has been since 2010 since a payment was made. I am in the process of sending an invoice to the widow and copying the court of records. My questions is do I invoice her for the balance due, or since fair market of the land has increased,can I add the difference?

Lawyer's Assistant: Since laws vary from place to place, what state is this in?

The property is in Elberta, Alabama. My brother died in Miami, Florida. The land was put in a living will trust. I am in Virginia.

Lawyer's Assistant: Has any paperwork been filed?

The widow is working with a lawyer to sell the land. I am not sure the widow knows that money is owed. She does not return phone calls or texts.

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

Just that I think we need to notify the widow of the debt. How much can we ask for. And where would I go if she doesn't accept the registered mail. She hasn't not been nice to the family.

Submitted: 10 months ago.Category: Real Estate Law
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Answered in 3 minutes by:
11/21/2017
Real Estate Lawyer: Barrister, Lawyer replied 10 months ago
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 43,638
Experience: 17 years real estate, Realtor. Landlord 26 years
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.

.

My questions is do I invoice her for the balance due, or since fair market of the land has increased,can I add the difference?

.

You could only request that the estate pay the amount that was actually agreed on initially.. The problem you are going to run into here is that there is only a 5 year civil statute of limitations on a breach of contract action so since it has been 7 years, if she refused to pay you, legally you couldn't force her to do so since it is beyond the time that the contract could be enforced.

.

.

thanks

Barrister

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