Struggle over "unwilled" home

[armywife&mom]

What is the name of your state?What is the name of your state?What is the name of your state?What is the name of your state? NY
My husband and I recently contracted to buy a second home through our realtor (the listing and selling agent). The home belonged to a local man, recently deceased. His family in TN (mother & father), listed the property and accepted our purchase agreement and we began what we thought was the process of closing (to be completed by July 2005). During this process, we were informed that the decreased had no will and is survived by an ex-wife and two minor children. Due to the delays, we were granted preoccupation of the property by the family's law firm, with the verbal consent of the ex-wife. Now, 4 months later, we are being told that we cannot close until a guardian is appointed by the state to act in the behalf of the children. The ex-wife of the deceased has been contacted on many occasions to complete the paperwork necessary, however has been non-compliant. We have reason to believe that her delays may be an attempt to occupy the home with her children. Over the past 4 months, we have put approximately $10,000 and at least 200 hours of labor into the home renovating it, all the while being reassured that we would close. The bottom line is, we have possession of the home, a signed purchase agreement with the parents of the deceased, and a signed preoccupation contract with the consent of the ex-wife. Where do we stand? Any help/advice would be greatly appreciated, as we are a middle class family and this is our first attempt at real estate investment.

[PghREA]

Originally Posted by armywife&mom

What is the name of your state?What is the name of your state?What is the name of your state?What is the name of your state? NY
My husband and I recently contracted to buy a second home through our realtor (the listing and selling agent). The home belonged to a local man, recently deceased. His family in TN (mother & father), listed the property and accepted our purchase agreement and we began what we thought was the process of closing (to be completed by July 2005). During this process, we were informed that the decreased had no will and is survived by an ex-wife and two minor children. Due to the delays, we were granted preoccupation of the property by the family's law firm, with the verbal consent of the ex-wife. Now, 4 months later, we are being told that we cannot close until a guardian is appointed by the state to act in the behalf of the children. The ex-wife of the deceased has been contacted on many occasions to complete the paperwork necessary, however has been non-compliant. We have reason to believe that her delays may be an attempt to occupy the home with her children. Over the past 4 months, we have put approximately $10,000 and at least 200 hours of labor into the home renovating it, all the while being reassured that we would close. The bottom line is, we have possession of the home, a signed purchase agreement with the parents of the deceased, and a signed preoccupation contract with the consent of the ex-wife. Where do we stand? Any help/advice would be greatly appreciated, as we are a middle class family and this is our first attempt at real estate investment.

The man died without a will so the state needs to decide what happens to his assets. There are 2 children involved who should inherit what ever the man had. It takes time for the state and the attorney to sort this all out.
Your big mistake was putting money into renovating the home before you actually owned it. I'm not sure if the parents had the right to put his home up for sale in the first place.

Where do you stand? Exactly where you are now.

[armywife&mom]

Yes, we know now that we shouldn't have put the money and time into it, unfortunately we were under a time crunch with military deployments and such.
Of course now we have no option but to sit and wait for the state to sort it out. I guess I am wondering if we will have any legal recourse to be reimbursed by either the family or the real estate agent, (that should have never been able to list and "sell" the property), should the whole deal go bad. Our attorney hasn't quite been on top of matters to this point.
Thanks for your time.

[HomeGuru]

Originally Posted by armywife&mom

Yes, we know now that we shouldn't have put the money and time into it, unfortunately we were under a time crunch with military deployments and such.
Of course now we have no option but to sit and wait for the state to sort it out. I guess I am wondering if we will have any legal recourse to be reimbursed by either the family or the real estate agent, (that should have never been able to list and "sell" the property), should the whole deal go bad. Our attorney hasn't quite been on top of matters to this point.
Thanks for your time.

**A: up until such time as the probate court approves the sale, you are merely a Buyer in possession or in simpler terms, a tenant.

[armywife&mom]

I understand everything that has been written and truly appreciate your time & effort. I also realize that no one can give me a definitive answer on the matter, however, I am still in question as to whether there is a possibility that we could be reimbursed at least for the materials (if not for the labor), as this is a real debt incurred by us. And what /who would be the best option for legal recourse? The scorned ex-wife, the parents or the real estate agent that listed and contracted a "deal" without checking into everything. That's why we hired a realtor and an attorney, because they are the experts in these matters. Also, we have been informed that the ex-wife has tried to hire several area attorneys that have refused to take the case. In your opinion, could this be a good sign for us? I don't think we could (morally) go after the parents, that lost their son only months ago, for expenses.
Thanks again!

[armywife&mom]

One more thing...could we possibly be considered/listed as creditors on the property?

[HomeGuru]

Originally Posted by armywife&mom

One more thing...could we possibly be considered/listed as creditors on the property?

**A: possibly****************************....

[PghREA]

Originally Posted by armywife&mom

I understand everything that has been written and truly appreciate your time & effort. I also realize that no one can give me a definitive answer on the matter, however, I am still in question as to whether there is a possibility that we could be reimbursed at least for the materials (if not for the labor), as this is a real debt incurred by us. And what /who would be the best option for legal recourse? The scorned ex-wife, the parents or the real estate agent that listed and contracted a "deal" without checking into everything. That's why we hired a realtor and an attorney, because they are the experts in these matters. Also, we have been informed that the ex-wife has tried to hire several area attorneys that have refused to take the case. In your opinion, could this be a good sign for us? I don't think we could (morally) go after the parents, that lost their son only months ago, for expenses.
Thanks again!

Unless someone contracted with you to do these renovations, no. The expenses you incurred were of your own doing and for your own enjoyment.

[armywife&mom]

Actually in a "cruel twist of fate" our realtor had her brother-in-law contact us and he was hired and paid by us to put forced heating into the home, to bring it up to code.
Guess you win some and you lose some. Thanks for all your responses.