Legal Question in Wills and Trusts in New York

If a person who is in charge of a estate lower the piice to buy it and says that is what it is on the market for what can you do.


Asked on 12/10/10, 7:05 am

2 Answers from Attorneys

Norman Nadel Norman Nadel, Esq.

By person in charge of the estate, I assume you mean an executor or an administrator appointed by the Surrogate's court.That person is a fiduciary and is required to obtain the best price possible for the sale of any property in the estate.

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Answered on 12/15/10, 7:13 am
Walter LeVine Walter D. LeVine, Esq.

I agree with Norman. If you can check comparable prices and you see the estate is being short-changed, the Executor can be surcharged the difference. More facts are needed to provide a better response, such as: How long has the house been on the market? how much has the price been lowered? Has the lower price been offered to the general public? Is there a broker involved and, if so, will the commission be charged if the Executor is the purchaser. If you are not satisfied, petition the Court to get involved and set the price. This is a response to an Internet question and the reply is not intended to be legal advice or as creating an attorney-client relationship.

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Answered on 12/20/10, 1:29 pm


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