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Dwayne B.
Dwayne B., Attorney
Category: Estate Law
Satisfied Customers: 32579
Experience:  Estate Law Expert
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My stepmother is the executor of my deceased fathers estate.

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My stepmother is the executor of my deceased father's estate. She gets 25% of estate and my sisters and I split the remainder equally. There is a lot of property involved that must be sold according to the will. I want to buy one of the properties - a vacant lot - and my sisters are okay with this. But my stepmom said she wants the property, too. Is she entitled to buy the property without our consent? An appraisal has already been done and it came in at 35K. We all live in Florida and the property is also in Florida. Thank you.

JD 1992 :

Hello and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

JD 1992 :

There is nothing in the law that says she gets "first dibs" on any property in the estate. However, there is also nothing that says she must notify the heirs before selling it for the appraised value.

JD 1992 :

If you want the property then the safest way to go about it would be to hire a lawyer and enter an appearance in the case and ask the judge to require that heirs be notified before it is sold to anyone, including the executor or another heir.

JD 1992 :

What can end up happening is that it can go for more than appraised value since there is no way to resolve what happens when more than one person wants a property other than it going to the one who is willing to pay the most.

Customer:

What if she buys the property before I can do all that? She has already sold some cars and another piece of property without us (heirs) knowing that the estate had been opened. Thank you.

JD 1992 :

You could ask the court to reverse the sale. You should go ahead and send her a letter by certified mail, return receipt requested, telling her that you are interested in the property and are willing to "bid" against anyone else wishing to buy it so that the estate received the highest value for it.

JD 1992 :

Be sure and cc: the court on that letter along with a cover letter asking the clerk to place it in the file.

JD 1992 :

The heirs should have been notified when the estate was opened and allowed an opportunity to enter an appearance unless you signed a waiver.

Customer:

Great. Thank you for your help.

JD 1992 :

You're very welcome.

JD 1992 :

Best wishes to you on this and please don't forget to leave a Positive Rating (of course I’d suggest Excellent!) so I get credit for my work.

Dwayne B. and 2 other Estate Law Specialists are ready to help you
Thank you very much for the Positive Rating, Leigha. Please come back and visit us if you have any new questions and feel free to ask for me by placing “FOR JD 1992” in the subject line or as the first words of your question and I will pick up as soon as I see it.