Legal Question in Real Estate Law in Missouri

My parents signed a real estate contract in July of 2005 but both passed away before they could finalize payment of the contract. The individual that my parents purchased the home from has hired an attorney who has sent me & my sister a Notice of Forfeiture letter. The letter indicates that they are trying to finalize this matter to clear the title to her home. It states that if we do not object, then in 30 days the attorney will proceed with an Affidavit of Forfeiture and record that the contract has been forfeited by my parents so that the owner can clear the title for this property. My sister & I have no interest in trying to keep the property; however, I do know that there was lien on the property. By signing off on the Notice of Forfeiture would me & my sister be responsible in any way for paying off the balance of the house or the lien? Thanks....


Asked on 10/29/12, 3:32 pm

1 Answer from Attorneys
Anthony Smith LawSmith

Unless you assume the debt of your parents, or are otherwise one of the opringal debbtors, you will not be held ppersoanlly responsible for the debts of your parents. If there is a lien on the property in question, it is up to the poerson trying to clear title to get a release from the lienhoolder. If your parnets paid some if the con ttract amount, they may have had equity. Perhaps your signature is worth some money. You provided some of the facts, but not enough to evaluate your position. You and your sister should consult direclty with a probate or civil practice attorney in your area. Many offer a free or low cost initial consultation.

good luck

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Answered on 10/31/12, 9:44 am


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