I'm in the process of having the sellers sign the contract but there are 4 of them because it is a probate. Don't they all sign the contract or can some of them just put their initials.
Also, there's a place within the contract where it ask's for each of their residency/ Address's. I'm not sure if there was enough space for them to sign.
I haven't dealt with probates very much, but with the one i have, the only person appointed by the will or the court which is call executor or executrix has the ability to sign for every body.. trying to get all parties to sign could turn out to be a really hard thing to do.. are you sure everybody needs to sign? my experience is in Pennsylvania, i'm sure Missouri is different..
You can either do 4 separate purchase and sale agreements or check with the title company to see if they can provide you with any riders or add on addendums. They can guide you easily through this.
I'd agree with Fred...you might only have to have the executor sign for everybody. Talk to a real estate attorney. Would you report back if you had to have everybody sign?
Wills can be contested, the actions of an administrator or executor(rix) can be contested, partition of rights can be filed and the threat of actions can delay a sale, sometimes for years. Get an acknowledgement from each party to sell or have the court direct the admin/exec to sell. Title folks here would rather see everyone in agreement or court order. :)
Bill Gulley, General Real Estate Academy | https://generalrealestateacademy.com
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