Alexander City, AL asked in Contracts and Real Estate Law for Alabama

Q: Can a contract be binding if on party dies before any money changes hands. A purchase agreement,

Purchase agreement with Alzheimer medicated person

Person died before it closeo

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2 Lawyer Answers

A: Are you sure this is a serious legal question? How would a dead person be forced to perform a contract if they cannot respond to an attempt to enforce it? Unless you wait until the decedent's family opens a probate case and then file a claim against the estate you are wasting your time. Caveat: Be very careful if you do try to enforce the unexecuted contract against the estate.

Tim Akpinar
Tim Akpinar
Answered
  • Little Neck, NY

A: Other things aside, there could be an issue as to capacity.

Tim Akpinar

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