Sioux Falls, SD asked in Real Estate Law and Probate for South Dakota

Q: Our Seller died 5 days before closing. No children, no will, only a brother and step brother. How can we Close?

We found out 3 days prior to closing that she passed that last Sunday. What are our next steps to being able to close on our new house? No children on her side and no husband either. Thank you

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1 Lawyer Answer
Nina Whitehurst
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  • Probate Lawyer
  • Crossville, TN

A: You will need to make a claim against the estate to complete the contract. If nobody opens a probate in a timely fashion, you can hire an attorney to open one yourself. You should talk to a probate attorney right away as this all takes some time and will, unfortunately, delay your closing, so the sooner you act the sooner you can get it closed.

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