Legal Question in Real Estate Law in California

My uncle put together a Sales Contract with a man in Misouri for a piece of property he owns in Missouri. He noterized 2 copies, sent them both t be noterized by the man he contracted with. The man hasnt returned a copy to my uncle, nor has he sent the required down payment ( due 6/25/130 or the monthly payment of 200.00 per month starting 7/10/13. He has used the sales contract, however, to get a permit to demolish a structure on the property. The man is also to pay back taxes on the property as part of the Sales Agreement. He has not fulfilled any of the agreed upon requirements. My uncle died this morning. Where does that leave us?

Asked on 8/13/13, 10:37 am

3 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

I realize that you and your uncle live in California, but California law is not going to govern this transaction. Because the property is in Missouri, that state's laws will govern. You need to respost this question in the category for Missouri attorneys to answer.

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Answered on 8/13/13, 10:50 am

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I also suggest getting a California attorney with a specialty in wills, trusts and estates (or the like) involved......who will be your uncle's executor or personal representative? That individual should take the initiative in retaining California counsel (assuming the uncle was a California resident at the time of his death) and getting a probate proceeding under way. Some small estates can be handled without a formal probate proceeding, but when real estate is or was owned, very likely a probate of the estate will be necessary. Then, perhaps the California probate attorney can link up with a Missouri attorney to straighten out that mess, which is beginning to smell like an attempt at fraud.

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Answered on 8/13/13, 12:11 pm
Timothy McCormick Libris Solutions - Dispute Resolution Services

the answers you have received so far are correct, but I would add that you are going to need to hire a Missouri probate attorney. With a very few exceptions, real property must be probated in the state in which it is located.

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Answered on 8/13/13, 1:59 pm

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