Legal Question in Wills and Trusts in New York

House Sale Problems

We are trying to sell my deceased dad's house. The executor signed a legal contract for someone to purchase house w/down payment of $5,000 and rent until person received large workers comp settlement to be used for rest of payment of house (had until 12/31/02 to make the payment). Four days after moving into house, purchaser was killed in accident. Person was separated from husband who now has children. An executor of her estate is not assigned yet. Husband wants to move into house and pay rent until possibly receiving an insurance claim. Is the original contract still binding even though it was not made with him? Can he legally move in? We currently have another buyer for the house but it is on hold because our lawyer said an executor needs to be assigned and then they have to sign a release on that contract. Can we still sell the house?


Asked on 9/02/02, 7:37 pm

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: House Sale Problems

Since buyer was separated and was purchasing personally, you can hold the estate to the contract, or terminate it. This would be done through the executor of the estate. If the separated husband wants to buy the house, have a new contract with him directly. The terms can be renegotiated. Unless he reconfirms the contract, as executor (if he does, I also suggest he sign for it personally as well) the contract is over. As her husband, he has no rights in that capacity, only if he is the executor of her estate. Thus, he cannot move into the house without a new contract.

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Answered on 9/03/02, 10:13 am


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