If my girlfriend and I are in the process of mortgaging our first home but the seller just died, what are our rights?

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If my girlfriend and I are in the process of mortgaging our first home but the seller just died, what are our rights?

We just finished signing the closing documents and have complied with everything that was asked of us. However, the seller passed away and in her Will she left a 3rd of the home’s value to her husband, a 3rd to her offspring, and a 3rd to another offspring. Now we are being told that we have to have her children’s approval to continue purchasing the home. We have 6 days to move out of our apartment. We have paid for an appraisal, an inspection, earnest money, option fee, and not to mention the time we’ve sacrificed. Should we sue?

Asked on January 26, 2016 under Real Estate Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The good news is that if you had a signed contract of sale and also completed the closing material, the estate is obligated to go through with the sale--the children have no say in it IF everything was done other than the final transfer of title. The bad news is that the only person who can consummate the sale is the executor or administrator of the estate, who may not even be appointed yet. You are advised to retain an attorney to help untangle this and move it along. You may need to file a lawsuit vs. the estate to make this happen, but let your attorney guide you.


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