How to protect buyer of Lease to Purchase home if seller dies?

UPDATED: Jun 11, 2009

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How to protect buyer of Lease to Purchase home if seller dies?

Purchasing home from family member that has cancer, but not terminal now. We plan to add equity into the home as we live there. Are there terms that can be added to the contract that will protect us from losing the home and any money we have put into it in the event that the owner passes away? Will the probate court gain all rights to it if this occurs? What if the owner still has an outstanding mortgage. Will that impact our ability to purchase if he passes?

Asked on June 11, 2009 under Real Estate Law, Kansas


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Answered 13 years ago | Contributor

There are several steps that can be taken. Is the seller still competent to contract? If so, I can amend the contract to reflect your interest in the home; if the seller is not competent, there is the possibility of a guardianship. Does the seller have a will naming you as a beneficiary of the home? If not, I can draft a will or a codicil to reflect this if that is the sellers intent. If the owner still has an outstanding mortgage, you can still purchase the house, but subject to the mortgage. Strictly speaking, the probate court does not gain rights in the house; it would only determine who has rights in the house if there is no will or if there is a will contest. Feel free to email me at [email protected] or call 913 441 5025 if you need additional information.

Sean Santoro

Santoro Law Office

Licensed in Kansas and Missouri


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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