Q: We are in NC and have signed a contract to buy a home. The seller has passed away today. We do know there is a will.
The heir wants to sell the property still. How should we as buyers proceed? What legal steps are taken and how does this slow down the purchase?
A:
Provided you were under contract; you likely can still enforce the sale against the Estate (I would have to read the contract to make sure). You will have to wait for an estate to be opened and a personal representative appointed by the Clerk's Office. The new grantor would be whomever them the property was devised to, and the Estate would have to join to relinquish any claims it may have on the property.
Contact a lawyer to ensure that the proper procedures are followed, as this can go badly if things are not done according to law.
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