Legal Question in Wills and Trusts in Washington

My brother and I recently inherited 25% interest in several properties in Washington and Idaho state. My aunt, who is also the administrator of the will, is going to buy out our interests. The lawyer my Aunt is working with is very reluctant to answer my questions and has said in an email I was forwarded that he is trying to get her as many discounts as possible. My brother and I are both young and have no familiarity with this process so we just want to make sure the amounts we are being offered are fair. Basically they have had the properties appraised then they are discounting each one by 10% for realtors fees and closing costs and then 15%-25% due to the "state of the market" and difficulty we would have if we all chose to sell the property. The argument the lawyer has is that this is money we would not have seen if my aunt was also wanting to sell the property. Are these reductions common and fair practice?


Asked on 10/26/10, 12:01 am

1 Answer from Attorneys
Charles Cruikshank Cruikshank Law Office-Since 1975

If you took the properties and held them or sold them without a realtor listing, you would not pay a commission. Ten percent sales commission is negotiable and may be too high, depending on other considerations. And, there should be no discount for "state of the market" as the appraisal should include that factor in its valuation. The lawyer for the estate (your aunt) has no duty to get the best price for you. He does for have a duty to get the best price for her and if you don't want to take a very close haircut, you need a lawyer to advise and negotiate on your behalf or you stand to lose a lot of value.

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Answered on 10/31/10, 8:14 am


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