Legal Question in Consumer Law in Virginia
Need help in contract lawsuit.
My mother's estate is owed a sum very close to six figures. I am the executor and sole heir. There is no dispute that the money is owed. The dispute is due to vague contract language and the fact that my mother's asset was taken off of the market several months ago. It is under contract, but this sale is contingent on another sale which, in turn, is contingent on still another sale. My contention is that this particular situation is either not specifically addressed in the contract or addressed so poorly as to be meaningless. Their contention obviously differs. In any case, this difference of opinion is delaying the conclusion of my mother's estate.
2 Answers from Attorneys
Re: Need help in contract lawsuit.
Estates do remain open for a single issue. However, your interpretation of the contract may be correct and the contract purchaser may be in breach. Delay may cause the estate/heirs damage--for example, if this purchaser does not close, will the next offer be at a lower price? If the asset is real estate, the current maket certainly makes this a possibility. Considering the sum involved, it may be worthwhile to have an attorney review the documents.
Robert J. Strupp
Re: Need help in contract lawsuit.
One of your duties as executor is to collect all money and assets belonging to the decedent, and then use all assets of the estate to pay any debts, and then disburse what is left to the heirs.
That includes pursuing any claims or lawsuits on behalf of the estate.
However long it takes, it takes.
But the real quesition, I gather, is what are your rights under the contract.
If you would like to fax the contract(s) to me I could give you an inexpensive analysis of the situation.
But ultimately, if the other people do not agree, ther emay be no option except to get the courts to decide. As executor (personal representative) you have the authority to file a lawsuit in the name of the estate.
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