Posted by michaela-ATL on August 24, 2002 at 10:25:04:
thank you, john, that’s what i had hoped for. i just suddenly thought of this and wondered, if this was
and ‘out’ for them.
have a great weekend
michaela
probate/lawsuit question - Posted by michaela-ATL
Posted by michaela-ATL on August 24, 2002 at 09:59:06:
junle last year i signed a contract to buy a house from a seller. we agreed on her full asking price, she took my earnest money and signed the contract. long story short - i decided to sue her for performance, because she tried to sell to someone else behind my back and it was a good deal.
this was originally her mother’s house and there are 3 children. probate was done and my seller was officially declared ‘executor’ of the estate.
we’re coming to the end of the lawsuit (we filed for summary judgement and she didn’t respond). now i’m thinking, what would happen, if all the siblings decided to cancel her ‘executorship’ and put one of the other siblings in place? can they do that, after probate has been accepted and signed by a judge? and if they did, how would that affect the sale and her ability to sign?
i’d appreciate any resonses.
thank you
michaela
Re: probate/lawsuit question - Posted by John Merchant
Posted by John Merchant on August 24, 2002 at 10:18:33:
“Executor” is a person named in Last Will of decedent, and won’t be just casually changed at the whim of the heirs…after all, it was the express intent of the Will writer (the now dead person) and no court is going to let that intent be just tossed aside as the beneficiaries might choose.
So it sounds to me like you’re on your way to having the Probate Court enter a Judgment that the Executor must proceed to get you a Deed as per your agreement with the decedent, without further delay.
Suit for Specific Performance is a suit demanding that a contract be completed as agreed…as opposed to asking the court to find monetary damages for the plaintiff.
Because all RE is unique, and damages wouldn’t really compensate the aggrieved would-be buyer, where the court can force the seller to follow through,and deliver a deed as agreed, it will do so.