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How does a contract work if the other party dies and there is no will or directions as to were thing go and to whom?

Alamogordo, NM |

i have a contract on buying a rv trailer with a ladie an she has pasted away. Does my contract still stand. There was no will or any direction as to where or whom it would go to. A family member from the other party is now trying to repo the trailer even tho i have a contract with the deceased?

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Attorney answers 4


recommend you contact avvo and ask them to remove your email address--this is a public website and you may receive emails from all manner of folks if it remains forever in the public domain.

NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this matter.

Rixon Charles Rafter III

Rixon Charles Rafter III


flagged for personal information

Rixon Charles Rafter III

Rixon Charles Rafter III


forgot to answer your question: Many contracts, those properly drawn, will have a clause about what happens upon death of a party. Depending on what your contract says, you may have options. As a general rule death does not terminate a contract if a personal representative remains to perform it. Recommend you see a NM attorney ASAP as the estate of the owner MAY be required to complete the sale, or affect the sale (its hard to tell exactly what phase your sale is in as you didn't tell us)


You should contact a probate attorney in the county where the woman died. In California, for example, if your contract were valid and support by consideration, you would be able to enforce it against the estate.

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I agree with my colleagues and would suggest you contact a probate attorney as soon as possible. It sounds like you are going to have a contested matter on your hands and your home could literally be at stake.

James Frederick

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Without reading the contract, most likely the personal representative must honor your agreement the same as if she were still alive. In a small claims action by him to repossess the RV, if you can show you have honored your part of the contract in every respect, you should win. Keep a paper trail of your end such as payments; I never trust someone trying to break a contract.

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