What to do if the owner of the trailer that I’m buying passed 2 days after we signed a written agreement?

UPDATED: Feb 27, 2013

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What to do if the owner of the trailer that I’m buying passed 2 days after we signed a written agreement?

On that paper we agreed the price and how long we had to pay it off. Also, I had to pay taxes on the property. The taxes were paid two days after the owner had died- was that wrong to do (paying was part of the agreement)? The children had gotten a lawyer and are going to fight to get me and my family out of here because they want more than what their father and I had agreed on. Do they have any grounds to dis honor the contract and have us evicted? I have no money. Do I have to have a lawyer in probate court? What do I tell the judge to plead my case? We want to honor the agreement and pay the children monthly payments.. possible?

Asked on February 27, 2013 under Estate Planning, Kentucky


Catherine Blackburn / Blackburn Law Firm

Answered 9 years ago | Contributor

A contract is a contract.  People do not get to change the terms of a contract just because they do not agree with them, especially when the other person has already taken action in reliance on the contract.

You say the children "are going to fight."  Whether they actually do it depends on a number of factors - like, whether their Estate lawyer tells them they have a chance of winning, how much it will cost them to fight you, and what their chances are of winning.  If they are willing to pay the cost to fight you, you will have to defend the contract.  It is, of course, better to have a lawyer to defend it.

I suggest you contact Legal Aid in your area for help.  You can also try contacting a law school near you to see if they have a legal clinic that can help you or a law professor who can help you or refer you to a lawyer who will help.

You have a good claim to enforce the contract that the owner signed and agreed to.  It is very much possible to pay the contract as written.

Good luck.

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