We contracted with the supposed executrix (4 adult siblings are part of the estate) to purchase the deceased mom's house. Then, the brother files a motion with surrogate court requesting to block the sale. ''Let's keep the house until market get's better'' Court says his papers were not files correctly. Then a sister files same request. Meanwhile...we locked in a mortgage rate (costs us $1,700) which expires Monday. We have not gotten to the closing table. Contract stated on or about March 30, 07...month out of date. Our current lawyer is reluctant to send a Law order. Also, says that a specific performance will be costly. We are also selling our house and have buyers waiting on the other side for our house. What are our options in this case. Can we force them to sell the house...can we sue for false contract...she signed as exeutrix only to find she' s not formally appointed. Can we motion to the court to rule...any help is greatly appreciated at this point.
2 Answers from Attorneys
Re: Real Estate
It appears that the facts are so complicated as to prevent a realistic explanation on something as basic as a bulletin board system.
You would need to consult with an attorney that represents your interests and not the interests of the estate.
If you are in the general NYC/Mid-Hudson valley area I would be please to speak with you by phone at 845.878.2163 for a free consult.
Re: Real Estate
Your action for suit based upon the limited facts presented, is against the alleged executrix who signed the contract. Your attorney is correct an action for specific performance is costly and lengthy. However, that being said, if someone does not take action soon, you may find yourself without a home, or facing a breach of contract litigation on your sale. Since you are represented by counsel, your questions should be directed to him.
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