Seller has died - do we still owe?

mtazmith · Sep 1, 2005

Prior to our marriage, my husband purchased acreage in Arkansas. He purchased the land through an installment note and an “Agreement to Sell Real Estate”. The seller had the land surveyed and a warranty deed drawn up. My husband had the deed recorded in our county court house. He made payments according to the terms of the note and the agreement. The seller (an unmarried older woman) passed away. Neither the installment note nor the agreement note stated what should/would happen to the outstanding indebtedness should the seller pass away. (A clause in the installment note states that upon the death of the purchaser … the outstanding amount of the note, at the option of the holder of the note, would/could be immediately due and payable.) Although the woman left a will, the installment note, nor the agreement, nor even the sell of land, was mentioned in the will. A friend told us that since the deed has already been issued and recorded, there is no longer any indebtedness and both the installment note and the agreement are not worth the paper they are printed on. Are we legally obligated to continue the payments to the woman’s surviving heirs?

Some Random Guy · Sep 1, 2005

Just because an asset is not listed in a will does not mean that it ceases to exist.

You owe the estate of the woman the balance of the loan. Your friend is an idiot. Your recording of the title just means that this is an unsecured loan and that the woman's estate would have to sue for the money owed instead of just forclosing on the property.

I AM ALWAYS LIABLE · Sep 1, 2005

mtazmith said:
Prior to our marriage, my husband purchased acreage in Arkansas. He purchased the land through an installment note and an “Agreement to Sell Real Estate”. The seller had the land surveyed and a warranty deed drawn up. My husband had the deed recorded in our county court house. He made payments according to the terms of the note and the agreement. The seller (an unmarried older woman) passed away. Neither the installment note nor the agreement note stated what should/would happen to the outstanding indebtedness should the seller pass away. (A clause in the installment note states that upon the death of the purchaser … the outstanding amount of the note, at the option of the holder of the note, would/could be immediately due and payable.) Although the woman left a will, the installment note, nor the agreement, nor even the sell of land, was mentioned in the will. A friend told us that since the deed has already been issued and recorded, there is no longer any indebtedness and both the installment note and the agreement are not worth the paper they are printed on. Are we legally obligated to continue the payments to the woman’s surviving heirs?

My response:

All because the woman died, that doesn't mean the installment note dies with her. Quite the contrary. The money you owe is now paid to the Estate of the woman - - just as if she were still alive.

Your friend doesn't know what the hell he's talking about. If what your friend was saying is true, then families all over the United States would lose their contractual money and land due to death. That's not the way it works.

IAAL

Seller has died - do we still owe?

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mtazmith

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Some Random Guy

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I AM ALWAYS LIABLE

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