Fishers, IN asked in Real Estate Law and Probate for Kentucky

Q: Signed a purchase contract, seller passed away, now what?

In the state of Kentucky, we signed a purchase contract for a piece of real estate and was set to close at the middle of June. The owner unexpectedly passed and we are unsure of his will, estate, or heir information. Is the purchase contract legally binding and are we still legally able to purchase the house? We are unsure of the next step in the process.

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2 Lawyer Answers
Nina Whitehurst
Nina Whitehurst
PREMIUM
Answered
  • Probate Lawyer
  • Crossville, TN

A: If the contract was enforceable against the decedent, then it is enforceable against his estate. You will need a probate attorney to help you work through this. The decedent’s estate will need a probate attorney, too. Things will progress much better and smoother if all parties have legal representation.

Timothy Denison agrees with this answer

Timothy Denison
Timothy Denison
Answered
  • Probate Lawyer
  • Louisville, KY
  • Licensed in Kentucky

A: You can enforce it against the estate if you choose or you can simply walk away.

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