Pending lawsuit against estate; how can we sell?

[Patti_Mike]

My wife & I currently share a house with my uncle. It belonged to my grandparents, both of whom are now deceased, and to this day remains as the only substantial part of their 'estate'. (There was no will.) Three years ago, a former tenant brought a lawsiut against my grandparents because of lead poisioning. (There was lead paint found in the apartment.) The case is still pending, and we would like to sell the house. How can this be done?

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Patti_Mike:
My wife & I currently share a house with my uncle. It belonged to my grandparents, both of whom are now deceased, and to this day remains as the only substantial part of their 'estate'. (There was no will.) Three years ago, a former tenant brought a lawsiut against my grandparents because of lead poisioning. (There was lead paint found in the apartment.) The case is still pending, and we would like to sell the house. How can this be done?<HR></BLOCKQUOTE>

You need to find out from the estate attorney the type of lawsuit, status of the lawsuit, the likelihood of the plaintiff prevailing and the amount of damages claimed for. If the basis of the lawsuit was due to nondisclosure, the claim may be either small or dismissed. If there are actual and proven damages such as the tenants' child ate the paint, was poisoned, injured and incurred substantial medical bills, the cost of trial and/or settlement may be substantial. There is a big difference between a landlord/tenant real estate related lawsuit and a personal injury lawsuit due to an environmental hazard such as lead-based paint.

The property can still be sold subject to the lawsuit but I doubt that any buyer would buy in this situation. Due to the lawsuit, there is now a cloud on title (title not free and clear) and a clear transfer of title can not be made.

 

[Patti_Mike]

What is the diference between a personal injury & a tenant lawsuit? More specifically, which would be worse, and/or take longer to resolve? (The homeowners' insurance company has lawyers handling the case, and they said they would try to get it dismissed, but it could take years.)

 

[Tracey]

Personal injury is much worse. LT disputes are very clear cut & governed by statute. Usually damages are small - 1-3 month's rent + attorney fees. PI suits take years, cost lots to defend, and damages can be huge.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Tracey:
Personal injury is much worse. LT disputes are very clear cut & governed by statute. Usually damages are small - 1-3 month's rent + attorney fees. PI suits take years, cost lots to defend, and damages can be huge.

<HR></BLOCKQUOTE>

Thanks Tracey. Good job as usual.