Does a Personal Representative Have to Honor the Decedent’s Contractual Obligations? Land Sales During Probate Proceedings.
Are you currently serving as the personal representative of a West Palm Beach estate? Has the decedent entered into a contract and the other party wants to enforce the contract after decedent’s death? Are you obligated to carry through on those promises on behalf of the estate? Know your duties and avoid liability.
West Palm Beach Personal Representatives
- Personal representatives in West Palm Beach are in charge of administering the estate of a decedent.
- How do you know if you are the personal representative?
- Check the will, usually it has an appointment clause.
- If not or the person appointed cannot/ refuses to serve you may have a court appointing you or other parties.
- Once you are appointed you will be given letters testamentary by the Palm Beach probate court.
- These give you the authority to act on behalf of the estate.
- Now what?
- It is your job to gather up all the assets and also to find out about all creditors and liabilities within reason.
- You may also have to post a bond but that can be waived, figure out how by contacting an experienced Palm Beach probate litigator.
- What happens when you find out that the Palm Beach mansion you wanted to inherit was being sold by the decedent?
- Do you have to go through with the sale?
- Usually yes, but you may have an alternative.
Decedent’s Contractual Obligations After Death
- Just because some one dies does not mean every contract they entered into is now void.
- Surely some contracts are voided by death but what about the sale of a piece of land?
- Unfortunately for you the sale is most likely going to have to go through.
- In Florida upon the signing of the contract for sale of land, the law considers the land and property to switch hands legally at that moment with the actual transfer to occur at closing.
- This also means risk of loss has shifted from the seller to the buyer.
- You may have an argument to get out of the contract by a contract defense.
- Do you see how?
- Did the decedent have the competency to enter in the contract?
- If not you may be able to get out of the contract.
- Do you know how to prove lack of competency in Court?