Losing a loved one is never easy, but an untimely death during real estate proceedings presents its own challenges, both from an emotional and legal perspective. Steve Butcher, Sr., Esq. is a will, trust, and real estate lawyer in Rochester, New York, serving clients throughout Monroe County; he and his team understand the unique legal considerations concerning an untimely or unexpected passing, especially where real estate matters are concerned. Below, they discuss three of these considerations in more detail.
3 Legal Considerations of Untimely Deaths
1. In Real Estate Transactions
If a person dies during the sale of their home, the sale will most likely continue; a loved one or lawyer of the deceased would have to acquire the appropriate fiduciary responsibility to act on behalf of the seller. If a person dies during the purchase of a new home, the transaction will typically be considered null and void. In both situations, there are exceptions to these general rules, which largely depend on whether or not the closing has taken place; your will and trust lawyer can help you better understand the intricacies of real estate transactions involving the deceased.
2. In Landlord-Tenant Cases
In situations where a deceased person is involved in a landlord-tenant dispute, the exact details of the case will have a bearing on whether or not the case will continue. Take, for example, a situation in which a landlord is suing a tenant for rent and the tenant passes away. If their estate has appointed an executor, the landlord might still be able to pursue what is owed. If a tenant is suing a landlord for a violation of rights and the landlord passes away, the case will probably come to an end.
3. In Foreclosures
If the home of a deceased person is in foreclosure, the executor of the estate has the power to make decisions on how the property is handled. The executor may choose to sell the home to a third party, or they might elect to purchase the home themselves and pay what is owed on the mortgage. The decision is usually determined based on the equity in the home.
Contact will and trust lawyer Steve Butcher, Sr., Esq., to schedule a consultation for legal services. You can also reach the firm by calling (585) 263-2444 or connecting via Facebook or Twitter. There are legal issues that can present questions when an untimely death occurs; make sure you know your options, and call Attorney Butcher today.