I purchased a rental property from my grandmother in 1998. We signed a Notarized Real Estate Contract and I paid it off in 2000. My grandmother wrote paid in full, the date and signed her name and gave me back my copy. My grandmother died in 2002. Her will stated everything went to my mother and her two sisters. Nothing was mentioned about my house because they knew I purchased it and lived there. I recently moved and am trying to sell the house. When we went to transfer the title, I was told I could not do that even though I had the Contract with her signature, will and death certificate. What do I do now. The house isn’t worth anything but I have someone who wants the property. Please advise.
ANSWER BY MARGARET CROSS-BELIVEAU:
Unfortunately, your grandmother did not sign a deed at the time of the sale. Only by executing the deed would title pass to you. Either you go to court and file a motion to quiet title or you probate your grandmother’s estate. Both options involve going to court.
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Legal Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. A lawyer experienced in the subject area and licensed to practice in the jurisdiction should be consulted for legal advice.
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The estate administration and estate planning attorneys at the Beliveau Law Group provide legal services for estate planning, probate, estate administration, and trust administration. The law firm has offices and attorneys in Naples, Florida; Waltham, Massachusetts; and Salem, New Hampshire.