Springfield, MO asked in Real Estate Law and Probate for Arkansas

Q: Is a heir responsible to grant a first right of refusal her deceased relative made before their death?

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2 Lawyer Answers
Maurice Mandel II
Maurice Mandel II

A: You really need to discuss all the facts with a local Probate attorney, look here on Justia for one. Generally promises to transfer land must be in writing, but there are additional restrictions when the Grantor dies, then the writing must comply with all the requirements of a Last Will. It must be witnessed, etc. These do not apply to deeds recorded during the Grantor's lifetime. This is why you need to discuss ALL the facts with an attorney. Thanks for using Justia.

Anthony M. Avery
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  • Probate Lawyer
  • Knoxville, TN

A: Even if there is a valid condition/executory transfer in the title, the real question then becomes will anyone with standing sue to enforce the restrictive future interest? After several years, any violations are usually ignored. As Mr. Mandel says, you will have to hire an attorney to search the title and research the instrument apparently containing the restriction.

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