Legal Question in Real Estate Law in Florida

is a contract in two persons name when one person dies still valid? My wife and I signed a contract with a rental company for vacation property, they handled the rental of it. She has since died and I don't want to rent the property any more, I would like to either live in it or rent it my self.

Thank you

Asked on 4/23/10, 8:16 am

2 Answers from Attorneys

All contracts depend on exactly what the contract states. However, most contracts (and a renatal contract in particular) are drafted so that both parties who sign it are "jointly and sevarably liable", which means that you are still bound by the terms of the contract even if your wife died. You may want to appraoch the company to renegotiate the contract. Depending on the money amount involved and your circumstances, you may want to hire a lawyer to help you.

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Answered on 4/28/10, 9:08 am
Lesly Longa Longa Law P.A.

I am sorry for your loss. It depends on what the contract states. Since you also signed the contract, it may still be valid and enforceable against you even though your wife has died. Contact an attorney to review your contract to see if you can change it or cancel it under the circumstances. Regards,

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Answered on 4/29/10, 6:39 am

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