Legal Question in Real Estate Law in Alabama

Sale of an estate home

The house belonged to my late Father, my older sister is executor. The house is listed at $157,000 downtown with the court house, it apraised at $82,000. four years ago and my sister has been evasive about the buyer and the amount. The question is, Is it legal to sell it to someone for $60,000. and turn around and write him a refund check of $15,000. for the repairs?

I would think that it is not legal and someone is trying to pull a fast one somewhere because the property is split up into four fully equiped apartments that would make that amount back in rent after only a few years.


Asked on 8/25/06, 10:27 pm

2 Answers from Attorneys
Norma Chaviers Norma M. Chaviers, LLC

Re: Sale of an estate home

Just because the tax assessor's office has a property appraised at a certain value does not necessarily mean that the property will bring that amount if it is sold. You said that the property appraised for $82,000 four years ago. Since that time, has the condition of the property declined such that the $60,000 your sister got for the property might be a reasonable fair market value?

If you feel that your sister sold the property for substantially less than fair market value, you should consult a local attorney familiar with probate issues. He or she can advise you on how to proceed in the event that your sister is wasting estate assets and/or selling them for less than fair market value. Good luck!

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Answered on 8/27/06, 4:22 pm
Mari Morrison Mari Morrison

Re: Sale of an estate home

As executor, she has to file with the probate court all expenses, sales and income from the estate before the estate can be closed. You should see if anything has been filed with the court. Also, if you believe she is mishandling property and/or money of the estate, you can file to have her removed as executor. She can not do something that would benefit an outsider or anyone other than the estate, including herself.

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Answered on 9/03/06, 4:03 pm


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