Legal Question in Wills and Trusts in Ohio
Possible fraud or neglect in sale of real property
The probate judge gave the guardian of my father-in-law permission to sell real property in November 2006 from an appraisal in 2004. The sale was to started in January 2006 without our knowledge. February 16th, my father-in-law dies. The guardian (my sister-in-law) rushes out to be appointed temporary administrator, which the judge grants and without the knowledge of the heirs. She then completes the sale in March selling it to her own son for $189,000 when property is probably worth close to $500,000. My question is, how can a sale of real property granted as guardian before death take place after death without a new appraisal or inventory made.
3 Answers from Attorneys
Re: Possible fraud or neglect in sale of real property
There are several issues raised if your version of the facts is complete. You need to contact a probate lawyer in your county immediately to review the court record.
Re: Possible fraud or neglect in sale of real property
The sale of real property in an estate must come within a certain percentage of the fair market value of the estate. What you have described is far below the fmv. You should look into contesting this matter.
Re: Possible fraud or neglect in sale of real property
A guardianship ends upon the death of the ward (your father-in-law.) The Court does have the authority to allow the guardian to complete the sale of real estate after the death of the ward if the contract was signed before the ward died.
The fact that the sale was completed after the death of the ward may have been proper. There are two issues that should allow an heir(your wife?) to question the sale. First of all, the fiduciary, whether she be a guardian or an adminstrator, should not benefit from the sale. Neither should a member of her family!
Secondly, a sale for so much less than market value is not allowed without a separate application to the court and the heirs would have right to question the decision.
If no one complains then this will not be a problem. If someone is going to complain they need to get on it ASAP. If you have additional questions you need to talk to an attorney directly and soon! If you have an attorney call him or her. If you do not and want to call, I will be happy to discuss this in more detail. No charge or obligation for the call.
Good Luck
DHD
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