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My sister-in-law recently passed away,and left a statement of sale along with her son of agreement of intent to sell to my wife and I the property we live in for the mount of the mortgage value two years ago. We paid cash to her via deposits directly into her bank account. We have the deposit slips, but no receipts stating we paid on the account. Is the sales agreement legal?
>Threads merged to keep all questions and advice on this subject in one place.<
Did you finish paying the mortgage?
Even if we knew the exact wording of the agreement, you probably will be regarded by the probate court as renters (possibly 'lease to own') rather than owners, unless you recorded the deed in your names. Especially if you were only paying the monthly mortgage amounts and there are still payments due on the balance of the loan.
Some of this depends on the exact wording of your agreement. Can you copy it here without the names and address?
I'm not clear on this statement for sale. Is this an agreement you entered into together?
On the other hand, the agreement could be filed as part of the probate and the executor could honor the agreement.
I believe the question may relate to whether e-mail constitutes a written agreement. I believe it does.
And, as for as the lack of receipt is concerned, The deposit slips will go a long way to prove that OP actually deposited the money. Also, the decedent's bank records will constitute proof of payment.
It may boil down to the exact type and wording of the agreement. Contact for sale, and sale agreements will be binding on the estate, if they meet the requirements of your laws. In US each state has its own requirement as to what much be included in a sales agreement, if it meets those requirements it should be binding.
Still trying to learn if electronic to sell property is legal statement in Florida? Now in probate court can't get any one to tell if legal or not. Only have bank account deposits for proof of payments to deceased sister-in-law.
Quote:
Originally Posted by needtoknow1947
"2013 Florida StatutesE-mails are "in writing" and usually "signed", electronically.
725.01 Promise to pay another's debt, etc.—
No action shall be brought whereby to charge any executor or administrator upon any ... or upon any contract for the sale of lands, ... unless the agreement or promise upon which such action shall be brought, or some note or memorandum thereof shall be in writing and signed by the party to be charged therewith ...."
Although the Florida statute of frauds quoted above doesn't specificlally say so, the Common Law provides that partial payment, and acceptance of such payment, takes a countract "out of" a statute of frauds. I suspect that you will find Florida appellate decisions to back this up.
In Florida, a personal representative has to have an attorney for a probate case. So what does the estate's attorney say? Has the contract buyer filed a proof of claim? Get the judge to rule on it by filing an appropriate motion.
We have lived in our home for five years, have made improvements,and have tried to buy same.We have tried to buy it but to no avail.We paid cash to a relative but no receipts were given,and said relative has passed away leaving records of payment. We were promised to own after payoff but son has property now.We have asked to have agreement drawn up but he refuses to comply.We have paid 5 years on property. What are our chances for squatters rights?
You have none... absent any contract to the contrary would would be considered renters or more specifically tenants. And absent any written lease the son can have you evicted by following the procedures applicable in the state the property is located.
None, because there is no such thing. You mean adverse possession, which must be 'open and notorious' and although it goes by state, I don't know of any states that are only 5 years, so that's out too. Your only hope is some possible credit for amounts paid and improvements made, but the son who inherited can just say that counts as rent. You would have to sue just to prevent eviction, and you might lose.
This is Florida? You should keep all your posts on one subject together.
You have some conflicting statements too.
I agree joypulv, we once had a rental property that was left in shambles by a renter that skipped town... we found a tenant that wanted to do the repairs in leiu of rent (showing us the work and reciepts for the previous month each month that eaqualled or exceeded what rent would have been) )which over the next couple years he did exactly as he promissed and then some. We eventually decided to sell it to him then at a price he couldn't refuse (well below market value) because he was such a wonderful tenant and we didn't want to go through another bad tenant if he left.
There is a slight chance that you may be able to get something out of this, such as a refund for the improvements or even possibly a forced sale, but it is a very slight chance. Look for an attorney in your area who offers free consultations, tell them the entire situation and they'll let you know if you have a realistic chance.
"We have paid 5 years on property." how much did you p[ay and ho paid the property taxes
Many people refer to adverse possession as "squatter's rights", and I believe that's what OP means. Let's not quibble about terminology here.Quote:
Originally Posted by joypulv
As has been mentioned, it's very doubtful that only five years would be enough to establish adverse possession, and it doesn't apply anyway in the case of an admitted landlord-tenant relationship.
OP would have to prove a purchase contract, and in most places there is a "Statute of Frauds" which in effect (with certain exceptions) requires that a contract to purchase real estate must be in writing. It appears that the best chance would be to argue that the records kept by the deceased would constitute the requisite writing; but that's probably a longshot.
I've merged your threads. If you have any follow-up please post a Reply to this thread rather than start a new question.
As noted, knowing that there is proof of an agreement can be a big help to you. We have asked you to provide some additional information here that you haven't.
There is an agreement that your sister-in-law left with her son to sell you the property. Correct? What were the exact terms of this agreement? What form does this agreement take? What is the status of probate? Has the son indicated he won't honor that agreement?
As noted squatters rights or adverse possession don't apply here. You should be focusing on proving the agreement and having it honored.
This is interesting. The earlier thread had suggested that there was some sort of an (electronically) written agreement, but the recent thread suggested that there was none. I am curious as to why OP apparently ignored our previous advice and instead chose to ask a new question (about the spurious "squatter's rights" theory).
OP needs to fish or cut bait: see an attorney about filing a claim with the probate court and get a ruling whether there is an enforceable agreement to purchase the property.
Also, note that there are deadlines:
"733.710. Limitations on claims against estates
(1) Notwithstanding any other provision of the code, 2 years after the death of a person, neither the decedent's estate, the personal representative, if any, nor the beneficiaries shall be liable for any claim or cause of action against the decedent, whether or not letters of administration have been issued, except as provided in this section.
..."
733.702. Limitations on presentation of claims
(1) If not barred by s. 733.710, no claim or demand against the decedent's estate that arose before the death of the decedent, including claims of the state and any of its political subdivisions, even if the claims are unmatured, contingent, or unliquidated; no claim for funeral or burial expenses; no claim for personal property in the possession of the personal representative; and no claim for damages, including, but not limited to, an action founded on fraud or another wrongful act or omission of the decedent, is binding on the estate, on the personal representative, or on any beneficiary unless filed in the probate proceeding on or before the later of the date that is 3 months after the time of the first publication of the notice to creditors or, as to any creditor required to be served with a copy of the notice to creditors, 30 days after the date of service on the creditor, even though the personal representative has recognized the claim or demand by paying a part of it or interest on it or otherwise.
..."
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