Trusts and Real Property Contract

[hconey88]

We signed a contract for the purchase of our property with a husband and wife as sellers, It states that upon tendering full payment of purchase price sellers will execute and deliver a Warranty Deed, free and clear of all liens,restictions, and encumbrances,except as provided herein (nothing is listed in contract) Any general warranties of title shall extend to the date of this contract, with Special Warranties as to acts of sellers continuing up to time of delivery of deed. The contract is signed by them, and us, notarized and has been recorded in the Recorder's office in our county. It was also indexed in the Grantor and Grantee books, in addition to computer records available for public usage when you go there to look up property records.
Since this contract was filed, the original sellers have both died- he died first, and has a will that does not list our property in the will or non-probate items- no where at all is our property listed. The will has references to the wife's will filed also, and there is a trust set up, which after her 1/2 of marital share, the remaining assets were to be set up in a trust, for her and the childrens needs, and the children split the trust assets equally and money is also to be given to them in part at age 25, then final $ to them at 30 years old. The beneficiaries (kids) were expressly denied the ability to convey, transfer, sell, borrow against, ect... he died first, she died 3 years later,has had a different will prepared since the couples did theirs years ago, and this will does list our property, and states that it shall be distibuted according to the terms of the instrument creating her trust, by the trustee of her revocable living will. Then there's a special warranty deed and contract assignment which lists all 10 of her properties, 1 her own home, 4 rentals, and 5 contracts executed, ours and one other are listed with both husband and wife as sellers (this one is also listed in his will- whereas ours is not) and the rest have been sold as her being the only seller to the other buyers on the contracts. No one ever presented us with anything whatsoever- noaffidavits, transfers - nothing has ever been signed or changed with the orig sellers, yet somehow this trustee has become the person responsible to collect payments and we've paid her due to being told to b when we went to the remaining seller, the wife, to pay her our next payment and found out she was dead now. Is this a legal transfer? Where is our guarantee of anything for the deed now? any help would be great!

Frankly I would file in court and get a judge to clear the title and show that you own it if you wish--or disputes could linger on.

[hconey88]

Thanks for your response, it's been very confusing, to say the least. My main concern here is that if you have a contract, a legal and binding agreement, then how is the effect of probate, transfers, heirs and so on... when nothing was ever done differently since you signed the contract- AND especially since in our case, the only thing relating to the heirs at all was filed AFTER our contract was filed in the recorders office, and even with that- we have never been notified of any transfer of the original sellers interest- so were we supposed to just assume that the heirs are to take over- without any documentation whatsoever to us- as the buyers from the original people we signed the contract with-the sellers? I would have expected something to have been sent to us that would concern us- the buyers- if this transfer changes the contractural obligations of the parties, ie., where is our guarantee that these people's heirs would deliver a Warranty Deed as promised by the sellers when we signed the agreement? Where is our proof or legal standing if they don't, and isn't is true that we don't have to accept anything less or different than we bargained for when we signed the contract with the original sellers? None the less, thanks for your response.