Probate Issue

reinatalie profile photo

Hello. I have been in contract on a property since April. The man selling the property had to go thru probate as his wife died at the end of last year.

He was awarded full executorship. He can now sell the property. He is however is using a friend attorney who is advising him to use probate referee. This process keeps dragging on.

Can somebody advice me on how I can get this process completed?

Thanks.

Comments(5)

  • johnbriscoe30th August, 2004

    You said you have had the property under contract for quite some time. Is the contract binding on the estate? You will need to carefully review your contract. You may want to have an attorney send a letter to the "friend attorney."
    As executor of the estate the husband has a legal duty to get fair value for the estate property. Your best solutions are to try to show the attorney you are paying a fair amount or that the estate is bound by the contract.

  • JohnMerchant30th August, 2004

    And echoing what John B said, if you had good, enforceable K with the deceased, that K would now, probably, be enforceable against his estate...so do have your lawyer look it over and advise you.

    Only way to know what a K says is to read it carefully.

  • reinatalie30th August, 2004

    Please explain what "K" means.

    Thanks

  • johnbriscoe30th August, 2004

    K means Contract.
    Cheers

  • JohnMerchant30th August, 2004

    Law school shorthand.
    [addsig]

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