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Dwayne B.
Dwayne B., Attorney
Category: Estate Law
Satisfied Customers: 33747
Experience:  Estate Law Expert
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My question is about estates and the sale of real estate as

Customer Question

My question is about estates and the sale of real estate as follows:
The Executrix used a real estate firm that she is affiliated with as an agent to sell the house/land of the deceased. Perhaps she took a commission, but I can not be sure as she used a separate legal firm from the one that was handling the Estate. Is this a related party of conflict of interest situation? and If the executrix took a commission on sale of property, should this amount be offset against her Executrix's commission?
Submitted: 2 years ago.
Category: Estate Law
Expert:  Dwayne B. replied 2 years ago.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.Typically it would be a conflict of interest unless the executrix got permission from the court because she is acting in a fiduciary relationship to the estate and is not supposed to "self deal". While there is no specific law that states a commission should be offset a court would almost certainly order that it be offset due to the prohibition against self dealing. Upon a motion, the court may even require that the executrix not take a fee at all for the sale and that any commission that was taken be added to the assets of the estate.