Q: What right to land contract owner have when the buyer dies unexpectly?
The contract mentions benefits to heirs but we have seen no Letters of authority. The person only passed away on 11/26 but heirs have been in property(they got keys from Fathers body as he died in the building) and say they plan to change the locks tomorrow 12/6 This contact was never registered by request of buyer. The buyer was estranged from all of his children and did not keep it a secret that he did not want them in the building.
A: The administrator of the estate of the buyer, or his proper heir, would presumably have the right to take over the purchaser's interest in the land contract. (Is there anything in the land contract that prohibits assignment of the purchaser's interest?) Rather than to try to write a law-school-exam essay on the issues, were you my client I would ask you what you want to achieve. Do you want to try to defeat the interest of the successor(s) to the land-contract purchaser, or are you OK with allowing them to perform (i.e. to complete the payments and take title)? The latter is probably the easier course to pursue if the successor(s) intend to perform.
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