If the court already awarded everyone the divisions and now this is a private transaction between two people, you can agree to what you want. You should make a contract to determine who pays what. Likely the title company can help your write a contract.
Perhaps if you are giving the land or house he should pay. If he is buying it from you then perhaps you should split.
Why is he getting an appraisal? Is he getting a loan? If so perhaps that part should be at his expense.
This can all be outlined in a contract.
If the house isn't worth anything, then why is he buying it? If the properties are in 78230, they are probably worth quite a bit. To avoid family squabbles and to protect all parties, the Sale Agreement should be handled by a board-certified Real Estate Lawyer. If the deed is in your name, with right of survivorship, you may own the home outright. No one can "make you" pay anything you don't agree to. There are too many factors involved to do this without proper counsel.
You need to clarify Title Issues, get a competent Appraisal from an independent professional appraiser, and make sure that all parties are being treated fairly and equitably. If you need a referral to a competent attorney or appraiser, contact us. We'll be happy to point you in the right direction.
Doc and Ellen Stephens, REALTORSÂ®
Keller Williams Realty
10999 IH-10 West (@ Huebner), Suite 175
San Antonio, TX 78230
(210) 696-9996, ext 409
You need to get to an attorney right away. The attorney will probably have, at least, a Broker's Price Opinion done to establish value. I have handled several BPOs for an attorney and courts usually accept that valuation. But all the answers are saying - Go to an Attorney. Please do that right away.
Was it deeded in equal parts to each heir?
The thing is that no one can make you pay for anything. They can request, you can deny.
If the house is in 5 names it would make sense for each owner to pay 1/5 of the lawyer fees involved.
the appraisal fee is something the one wants, they should pay for it.
Death certificate fees, probably split those 5 ways also being fair.
Today in many areas many buyers are asking for (and getting) closing costs. That may mean that the above fees are not an outrageous request. This is truly something you have to decide.
It will come down to being fair to everyone or holding onto every last nickel just because you can. What you choose is a personal decision. You may see it as fair to go one way and be right. You may decide something different. Is it really worth getting everyone upset over a few $$ here? That is the real question to deal with.
Lynn911 Dallas Realtor & Consultant, Loan Officer, Credit Repair Advisor
The Michael Group - Dallas Business Journal Top Ranked Realtors