Asked in Real Estate Law for Tennessee

Q: My aunt just passed away she was selling her house is the contract void now that she has passed

In the will the house goes to her son

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2 Lawyer Answers
Leonard Robert Grefseng
Leonard Robert Grefseng
Answered
  • Columbia, TN
  • Licensed in Tennessee

A: No, it there was a valid contact at the time of her death, that contract is binding on the estate. There is a statute that allows the executor to sign on behalf of the deceased.

Anthony M. Avery
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Answered
  • Knoxville, TN
  • Licensed in Tennessee

A: It is up to the contracting purchaser and/or the heirs to enforce the contract. If you and the other heirs refuse to convey, the purchaser can sue for specific performance. But he might not. Also unless the Will was Probated, it has no effect. Probate should probably be avoided here. You need a title search to determine ownership if there is no Probate. Then an Affidavit of Heirship would be recorded as the source of title.

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