New Hyde Park, NY asked in Real Estate Law for New York

Q: If the person who sold a house almost 20 years ago dies, and their spouse is also dead, who do we send payments to?

My boyfriend’s parents bought a house in 2001 from a man who was the sole owner. It was not bought from a bank, he was the only owner. He died 6 months ago and his wife is also dead. The problem is there are monthly payments still to be made on the house. The lawyer says he has a son who is like 60+ years old but he has not contacted us and its possible he’s dead too or in another state. What should they do? They have full rights to the house, a contract, and the deed. Are they legally obligated to find the son themselves? If the original owner dies does the payment agreement die with him?

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1 Lawyer Answer
Michael David Siegel
Michael David Siegel
Answered
  • New York, NY
  • Licensed in New York

A: It depends on the agreement you signed, and whether it is recorded. The payment agreement does not "die" but it is unclear to whom you should be paying. Keep the money aside. You owe someone. Also, if you are supposed to get the land, you need to act quickly to make sure your rights are recognized.

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