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Confused In…, Home Buyer in 78230

According to my dads wilI can purchase the house at fair market value 1 sister does not approve, does she have to

Asked by Confused In Nj, 78230 Sun Nov 21, 2010

I lived in the house all my life and took care of my parents, my father stipulated in the will I can buy the house at fair market value, we had all the appraisils and market anaysis, the estate attorney and the executrix and I agreed on the price but my 1 sister did not how does this affect the sale?

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Very honestly, this is a question best posed to the real estate attorney you already have. In most states, real estate licensees and Realtors are precluded from practicing law. On the other hand, a good Realtor is worth their weight in gold when it comes to market valuations and advice relating to the actual buying process, contract, and financing information.
0 votes Thank Flag Link Wed Jul 10, 2013
Guess you got a ton of people sounding like a broken record... but you do need to speak with the estate attorney and ask these questions.. and then verify those answers with another Real Estate Attorney.
0 votes Thank Flag Link Fri Dec 17, 2010
You will need to consult with your own attorney and it will depend on how the will was structured.
0 votes Thank Flag Link Mon Nov 22, 2010
Confused in NJ-

There are always 3 sides to every story - your side, her side, and the truth. The truth is only known when all parties provide all the information as factually as possible then an attorney can review all documents to mediate the situation. Be weary of any realtor advice because (1) we are expressly prohibited by law to make recomendations, provide advice or counsel, interpret legal documents, or any other acts that are "practicing law" and (2) estate laws (and real estate for that matter) vary from state to state. You need to speak with your attorney. Keep in mind that family is forever but money isn't. Good luck!

Cathy Bureau, MBA, REALTOR, Green, SFR, EcoBroker
GREEN Home Realty
(210) 378-2489
Web Reference: http://www.cathybureau.com
0 votes Thank Flag Link Mon Nov 22, 2010
You will need to check with the estate attorney. That's what you are paying them for. My guess is the probate judge would approve based on what you have stated, but not sure if there is more to the story or other circumstances or not. Your estate attorney is the best one to advise you.
Web Reference: http://www.teamlynn.com
0 votes Thank Flag Link Sun Nov 21, 2010
Bruce Lynn, Real Estate Pro in Coppell, TX
I can answer this question after a review of the will and all relevant documents. Give me a call on Monday to discuss if you are interested.

Micah Harper
Exquisite Properties, LLC
(210) 494-1695
Web Reference: http://www.ExquisiteSA.com
0 votes Thank Flag Link Sun Nov 21, 2010
Here is a real estate attorney you can contact in San Antonio. His name is David Bosworth. This is a question better answered by an attorney. Good luck.

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0 votes Thank Flag Link Sun Nov 21, 2010
No professsional can render an opinion on this subject matter UNLESS all documents are reviewed. Not knowing what the stapulations are OR are not as a Realtor could have liablity issues make any statement.

Best have your sister retain an attorney review your father will have the attorney's yours/ sister resolve the issuses. That would be expensive than working it out between you both.

However a home can't be purchased over fair market value. If you have an appraisal in past 6 months which provided the market value of home .. don't seem understand what the problem is. NO person would pay over market value of what appraisal states .. including a bank would never lend money over market value.

Sorry read about your father however best have someone else resolve issues between you both where you maintain a family relationshiip. These issues can cause huge problems with family members

Lynn911 Dallas Realtor & Consultant, Loan Officer, Credit Repair Advisor
The Michael Group - Dallas Business Journal Top Ranked Realtors
0 votes Thank Flag Link Sun Nov 21, 2010
You will need to consult a local attorney for the answer to your specific legal question. It sounds as though you have done what you were supposed to do. You have been careful to care for your parents, and you have just one remaining hurdle to cross, hopefully without damaging the relationship with your sister.

Good luck.

Doc Stephens, REALTOR®
Web Reference: http://TellEllen.com
0 votes Thank Flag Link Sun Nov 21, 2010
This is a legal issue between you and your sister. You will need to work someting out with her or have your attorney advise. Good Luck!-Larry Sotoodeh-Broker
0 votes Thank Flag Link Sun Nov 21, 2010
For the best legal advise, consult with an attorney who specializes in Trusts & Estates, see exactly what options you may have--then go from there.
0 votes Thank Flag Link Sun Nov 21, 2010
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