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RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 36940
Experience:  Texas lawyer for 30 years in Estate law
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My sister is threatening to sue the executor of my mothers

Customer Question

My sister is threatening to sue the executor of my mothers estate. The executor is my daughter. My mother died in March. She had a home with a $370,000.00 morgage. My mother had a will that stated everything was to be split 4 ways (4 daughter). The will was not in a trust. One day before my mom passed the estate attorney and executor with the permission of all 4 sisters placed the will in a trust. The executor had legal power of attorny well ahed of that date and the trust was filed and notarized less than 24 hours before she passed. This caused selays in liquidating my mothers estate. The home in question was appraised for $730,000.00 and offered to each sister to purchase for market value. All sisters declined. Since all sisters declined we decided to wait to list the house since it would be better to sell when it is in the trust. On Oct 14 the bank published a date to auction off my mothers house. The executor decided we could wait no longer to sell the house and engaged a broker to list the house. Because time was critical as the bank agreed to postpone the sale till Nov 23 the broker aggressivly priced and marketed the house for a close date of 30 days and listed it at $690,00.00. Here is the area that has caused my sister to threaten to sue. The executor chose the listing agent from her brother my son who is in the buiesness. My son is not and never was the listing agent just simply the person whe refered the agent. I discussed with my son what he thought the price of the house would be. He suggested $550,00.00. I decided to offer $550,000.00 all cash offer to purchase the hous so it could close at the deadline. My sister wanted to purchase the house after my mother died for $550,000.00 and was told she could not becuse it was appraised for $730,000.00. She has every opportunity to purchase the house now, just as i do or anyone else does but has made no offer because she cant close a cash deal in the time frame. The executor has been able to extend the deadline with the bank and it is now to close December 19. So my question, does she have a case against my daughter the executor if i purchase the house? There are two other offers on the house for less than my offer from buyers that the listing agent has presented.
Submitted: 17 days ago.
Category: Estate Law
Expert:  RayAnswers replied 17 days ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

Expert:  RayAnswers replied 17 days ago.

I don't see any grounds to sue here.The sister had equal opportunity to buy here, your bid is higher than the rest..The executor sought to save the house and get the best price they could.Here you paid fair market value considering other offers were lower.I think the sister here is bluffing.I just don't see that she has a claim here, she could have made a bonafide offer to realtor.

The fact that family here had the listing doesn't affect the sale when you had high bid.If sister wanted it she could have submitted a higher bid.For whatever reason she did not do so.If this is through a trust she would have to file a civil suit here in Texas--talk is cheap but legal fees here would likely be $10-$20k for her upfront.That probably means this is just talk here and no suit is filed.

I appreciate the chance to help you today.Thanks again.

Expert:  RayAnswers replied 17 days ago.

If there was probate here, the executor could seek probate court approval of the sale as high bid, in that situation once approved executor has no liability since court approved it.That would be the safest thing to do.

Expert:  RayAnswers replied 17 days ago.

If you can positive rate 5 stars it is much appreciated.

Expert:  RayAnswers replied 17 days ago.

Lawyer referral just in case you need it.

call the State Bar of California at
(866)(###) ###-####/a>

Customer: replied 17 days ago.
I see you are a Texas attorney. Other than the legel fee differing in each state, your answer is aplicable to estates in the state of California, correct? Also, say she did decide to sue, does that tie up the house in any way?
Expert:  RayAnswers replied 17 days ago.

Yes I understand this is California law here.If she filed a lis pendens here with a civil suit it would tie up the sale here.But she has to do it quickly, I see people threaten such suits all the time but the reality is they don't want to front the legal fees, and even fewer are successful.I don't see the merit.As long as executor documents the other lower offers, etc and the opportunity for anyine to bid i don't see a problem.And executor could seek court approval of sale to avoid problems here.

Expert:  RayAnswers replied 17 days ago.

Reference if executor wants to seek court approval

http://www.learnprobate.com/probate-sales-of-real-property/

Expert:  RayAnswers replied 17 days ago.

Thanks again for letting me help you .

If you can positive rate 5 stars it is much appreciated.

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