Legal Question in Wills and Trusts in Massachusetts

estate

my brotherand i are heirs to our dads estate,will has been filed and i have been advised that my brother wishes to buy out my interest of the real estate portion of the estate. his lawyer sent a copy of an appraisal of the real estate along with the offer, is the any other paper work i.e. my dads tax returns ect.. i should be looking at before i make a decision. and will the estate lawyer provide me with the paper work if i request it.


Asked on 1/15/09, 3:00 pm

4 Answers from Attorneys

Alan Fanger Alan S. Fanger, Esq.

Re: estate

Thanks for your question. You have indicated that your brother's lawyer has indicated that your brother wishes to buy your interest in the real estate and has furnished you with an appraisal. Depending on the value of the house, you may want to have your own appraisal done. You also might want to have a "title search" performed to determine whether there are mortgages, liens or other defects in the title. Finally, you also want to make sure that the offer is confined to the real estate and does not extend to personal property such as liquid assets (stocks, bank accounts, mutual funds, etc.).

In short, I would proceed quite carefully here. Your brother may have gotten the appraisal to "low-ball" the value of the property for precisely the reasons he has approached you about a buyout. You certainly do not want to sign any agreement without, at a minimum, having an attorney review it or, better yet, draft it.

Please feel free to contact me if you wish to discuss the matter in further detail.

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Answered on 1/15/09, 3:07 pm
Joseph Murray Joseph M. Murray, Esq.

Re: estate

I am sorry for your loss.

Perhaps you should have your own appraisal done.

You should not sign any agreement without having your own attorney review it.

Good Luck!

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Answered on 1/15/09, 3:34 pm
Joseph Murray Joseph M. Murray, Esq.

Re: estate

I am sorry for your loss.

Perhaps you should have your own appraisal done.

You should not sign any agreement without having your own attorney review it.

Good Luck!

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Answered on 1/15/09, 3:34 pm

Re: estate

First please accept my condolences for your loss.

Second, I would double check the value represented by your brother's appraisal. This can be done two ways, first by getting your own appraisal and second by asking a local broker to give you a broker's estimate of sale price.

You might want to get your own attorney to review the offers et cetera and to advise you with the process.

If you have more questions, please feel free to contact me.

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Answered on 1/15/09, 6:57 pm


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