Tuesday, 28 February 2017
Real Estate Transactions and Estates

I have seen many situations where a real estate contract is signed and then we soon discover that the person who signed the contract to sell the real estate is not the same person who is listed in public records as holding title.  Once we begin asking questions, we soon find out that the title holder has passed away and this person was a spouse, child, or executor who signed the contract. 

Where do we go from there? Well, let me answer that with the most stereotypical lawyer answer: it depends.  Although a stereotype, this answer apples to this situation incredibly well because there are many factors that will play into the process of closing on that contract.  For example, here are a few questions we would ask the seller:

  • Did the decedent have a Will?
  • If not, who were the decedent’s heirs? Have any heirs predeceased the decedent?
  • Was the decedent fifty-five years of age or older?
  • Was the decedent married?
  • Have any probate proceedings been started?

The list goes on.  However, the good news is, once we can get these answers, we will be able to come up with a comprehensive plan for you to be able to close as soon as possible within the constraints of your contract.  You will want someone who has handled many of these transactions to be advising you on this important sale.
Let us take the worry and stress out of selling the home of a loved one who has passed away.  Whether you have a signed contract on the real estate or not, contact us to walk you through the process that would apply to your specific scenario.

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Posted on 02/28/2017 1:08 PM by Erika Piland
Thursday, 16 February 2017
Procrastination and the Legal Result
I recently saw this post on Facebook and I wanted to share it. This is something as attorneys we see too often and I thought it a worthwhile reminder...

"I cannot stress enough, how important it is to have the conversation with your family about your final wishes. Have a will in place, organize your financial documents for your loved ones, write down simple wishes such as items to be given to specific members of the family or just details of your funeral wishes. As times, situations change, keep these documents updated. It's such an extremely stressful time for everyone and even more so when some of these items are left unsaid. It's very hard to take emotions out of the situation when there are so many emotional details to attend to after someone's passing. This has been the hardest past two weeks of my life; last night and today just topped it off... but I'm sure there are more to come. I'll get through them one step at a time.

Please, I beg you; friends and family - have that difficult conversation. You and your loved ones will be grateful that you did"

We are all procrastinators to some degree.  Some of us may put small matters off for a few extra days, like grocery shopping or mowing the lawn, while others go by the old saying, why do today what I can put off till next year.  This is fun to joke about; however, when it comes to the legal consequences of procrastination, it can be devastating.  

In our law firm we see so many lives changed forever by someone’s procrastination.  We hear on a daily basis, “if dad, mom, a spouse, or a business partner, etc., would not have put this off then we would not be in this horrible predicament.  It is so true in almost any area of the law.  People love to put off making a Last Will and Testament, signing a Power of Attorney, having important business documents drafted, or pursuing a case where someone has legally wronged them.  

Legal procrastination can cause family members unbelievable amounts of additional stress and expense in a very challenging time of their lives.   It is not uncommon to see people inadvertently left out of an inheritance or see families fighting after a loved one’s death that could have been avoided if it were not for the procrastination of the deceased.  Also, we see people forced to get conservatorships and guardianships in the court room - something that may have been avoided by the more timely hiring of an attorney.  Almost daily, we see what would be valid legal claims that are barred by the statute of limitations because the individual did not seek an attorney in time.  When it comes to washing your car or getting a haircut, please feel free to procrastinate, but for important legal matters please contact an attorney today and take the appropriate legal steps to Secure Your Peace of Mind and protect your family.

How Do I Get Prepared?


Keep in mind…this service can also be taken advantage of by real estate agents, lenders, and other vendors who are all valuable parts of the closing process.

We look forward to securing your peace of mind in new ways!



Posted on 02/16/2017 9:25 AM by Jonathan Tinsley
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