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What home inspection items and repairs qualify for the

estate to pay when one...
What home inspection items and repairs qualify for the estate to pay when one sibling "buys" the other sibling's share of the house? Buy is in quotations because the estate will be distributed, with one sibling receiving her share of the house in cash and the other receiving the house and less cash. Also, should the septic system and well be tested?
Repair issues pre-dating death of parent:
Roof and Rotted wood on the bay windows which the homeowners insurance company demanded to be fixed in order to keep the insurance policy
Flood stains and lime leach on the basement walls due to prior floods
Wood rot on garage trim and doors
Dead tree removal
Property grading not up to code
Front and back steps not up to code
Cracked driveway -needing resealing
Numerous smaller issues
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Answered in 8 minutes by:
3/13/2018
Lori
Lori, Lawyer
Category: Real Estate Law
Satisfied Customers: 1,233
Experience: Real Estate Attorney with over 25 years experience
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H​ello. Let me see if I can assist. Most estate sales of real property are done in an "AS-IS" condition when being sold by the estate to pay out to the beneficiaries. Why should the distribution of the house to one of the siblings allow for a claw back for repairs? The sibling should agree to accept the house AS-IS at its fair market value based on its AS-IS condition. the estate and other beneficiaries should only agree to the distribution of the house in an AS-IS condition. Otherwise, the estate should sell the house in the open real estate market in its AS-IS condition and then distribute the proceeds to the heirs.

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Lori
Lori, Lawyer
Category: Real Estate Law
Satisfied Customers: 1,233
Experience: Real Estate Attorney with over 25 years experience
Verified
Lori and 87 other Real Estate Law Specialists are ready to help you
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Customer reply replied 1 month ago
Oh I see. Thank you. This is the case even when repair issues are not evaluated in an appraisal, and one even had an estimate for repair before our father passed away?
Joycelaw
Joycelaw, Attorney
Category: Real Estate Law
Satisfied Customers: 114
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Lori
Lori
Lori, Lawyer
Category: Real Estate Law
Satisfied Customers: 1,233
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