Legal Question in Wills and Trusts in Georgia
can't agree on price on land
I'm the executor of my late uncle's will. I have first right of refusal to purchase the land which is behind where i live.There is no amount stated in the will in which I can purchase this. There are 3 more cousins in the will which equally gets a part and they don't agree with a price that I want to pay them. There is also a large sum of money to be divided up. How long can I hold this up if we're not in agreement with one another?
2 Answers from Attorneys
Re: can't agree on price on land
You need to get qualified apprisals of the value of the land. This will give the Court evidence of the relative value of the land. If you and the cousins still cannot agree on the price, you should make a formal offer to purchase the land and petition the Court to allow the sale of the land. You want the Court to approve any sale to you. Your cousins can object but unless than can produce a buyer you should be successful.
Re: can't agree on price on land
to begin with "right of first refusal" does not mean that you get to set the price--it means that you have the right to purchase at the price offered by a purchaser in good faith on the open market. Until a good faith offer is received, you have no right to purchase, other than at a price your cousins are willing to agree to.
Any attempt to "hold this up" will expose you to removal by the probate court for breach of fiduciary duty, and possibly to a suit for damages, if the property were to diminish in value while you are holding it off the market, or if you have taken any action to discourage offers from third parties.