Q: My father sold a lot in NJ in 2004. He died in 2008. In 2016 the buyer found the lot was contaminated. They buyer is su
suing the estate saying liability carries over to the estate. The property was never in the estate as it was sold prior to his death. Can they sue for clean up? I understood the liability for my father stopped when he died. The buyer never did due diligence when buying the lot and cannot claim as an innocent purchaser under NJ Spill act.
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A: You will need to have a real estate attorney review the 2004 sale documents and the documentation regarding the alleged contamination to provide an opinion as to whether the buyer has a claim or not. The real estate attorney can then assist your probate attorney with either paying or negotiating or contesting that creditor claim.
Derek John Soltis agrees with this answer
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