Legal Question in Real Estate Law in Illinois

Re Owner dies while selling property

This property was under a signed legal contract that was by a reputable real estate agency. I thought I stated that I had giving 5k earnest money down on this property I am not sure if this legal appointed person was a guardian or a trusty or what they are but, they were legal able to make decisions for this person who went to a nursing home. I all I know is that they are unsure if the owner himself actually had a will. And what are my rights? I still want to purchase this property but not sure what is going to happen next, not sure if the person who signed the contract was the executor to the will nor not.


Asked on 5/05/08, 4:56 pm

2 Answers from Attorneys

John Pembroke John J. Pembroke & Associates LLC

Re: Re Owner dies while selling property

You have a valid contract, which is now a claim against the estate (or trust, if title is in a living trust). There are several ways to enforce your claim, including recording the contract in the chain of title, and taking other steps to perfect your claim. You should consult an attorney while your rights are still valid.

Our comments are based on treating your question as a hypothetical. Accordingly, our comments could be substantially and materially different were we advised of all of the relevant facts and circumstances. Our comments are by necessity general in nature, and should not be relied upon in taking or forgoing action in your circumstances without retaining an attorney. In order to fully explore your legal matter, you should meet with us or another attorney and bring to any such meeting all relevant documents and correspondence, and any other relevant facts.

We are not hired to be your attorney, and no attorney-client relationship exists between us, unless and until you enter into a written retainer agreement with us, tender the agreed amount for a retainer and it is accepted by us. We reserve the right to decline representation should circumstances change.

As you are aware, in Illinois there are various deadlines for filing a complaint, filing an answer to a complaint, or taking other action in order to preserve your legal rights, and avoid a complete loss of those rights. You should retain counsel immediately in order to be fully advised of your rights, and to be fully informed of the applicable time period within which those rights must be asserted. If you were to delay in doing so, it might result in your potential cause of action being forever barred.

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Answered on 5/05/08, 5:07 pm
Charles Dobra Charles Wm. Dobra, Ltd.

Re: Re Owner dies while selling property

I answered this question in part already. I asked that you have the Realtor provide the evidence that a Legal Guardianship had been established. If so, you can certainly enforce your contract rights in several ways now that the Seller is dead. Why don't you just hire an attorney?? Good Luck!

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Answered on 5/05/08, 5:23 pm


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