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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

Posted

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

Posted

flagged for personal information

Rixon Charles Rafter III

Rixon Charles Rafter III

Posted

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)

Posted

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.

The general advice above does not constitute an attorney-client relationship: you haven't hired me or my firm or given me confidential information by posting on this public forum, and my answer on this public forum does not constitute attorney-client advice. IRS Circular 230 Disclosure: In order to comply with requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein. While I am licensed to practice in New York and California, I do not actively practice in New York. Regardless, nothing said should be deemed an opinion of law of any state. All readers need to do their own research or pay an attorney for a legal opinion if one is necessary or desired.

Posted

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

***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!

Posted

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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