Legal Question in Real Estate Law in Florida
Purshasing my mom's home after will has been read
My brother ordered an appraisal for my mom's house. The boys have been very deceitful through this whole process, so I asked for my own appraisal to be done because I want to keep the house! In which case I have to pay them for it!
The first appraisal, now having seen it, isn't even correct about what is in the house! But that appraisal came back rather high! And didn't take into account anything that was wrong with the house!
When I had the second appraisal done, he did take into account the things that were wrong, things it didn't have, outdated things, etc. I can be more specific if you like!
But my brother says-legally he has to accept the higher appraisal(which didn't even have correct information on it). He rules out the second appraisal because he says it doesn't matter what's wrong with it, he HAS to use the higher(incorrect) one. Is there a law about having to accept the highest appraisal?
Second question was this. If there are 6 kids, do all have to agree on the sale price of the house, or can it just be the majority?
Secondly, if the house is to be purchased by one of the children, do ALL of the kids have to agree upon that price or just the majority?
1 Answer from Attorneys
Re: Purshasing my mom's home after will has been read
There is no law requiring that the higher appraisal be used. Anytime there is a house sale negotiations should be involved and the appraisals can be used for the negotiation. The administrator if the estate is charged with acting in the best interest of the estate, that doesn't mean that he MUST use the higher appraisal. If the parties (in this case the 6 kids) can't agree on a price the Judge will.
If you want to buy the house I suggest you make a reasonable offer in writing to the administrator of the Estate and let the negotiations begin.
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