why would an attorney dictate the sale price of estate

by Katharina Baumbach DDS 5 min read

Do estate sale companies over or under price their property?

State laws dictate what types of information must be disclosed about a property. Real estate lawyers can help request these disclosures as well as prepare the disclosures if they are representing the seller. Without a real estate lawyer, the likelihood of being sued regarding a disclosure increases.

Why hold an estate sale?

Jan 26, 2012 · The probate attorney or the estate representative will hire a local real estate agent, sign a listing agreement, and show the property, just as they would a traditional listing. Generally, the list price is based upon the listing agent’s suggestions as well as an independent appraisal ordered and issued by the court. Making an offer

How is a property sold in probate?

Selling taxidermy has various state laws, as well, if that applies to your estate sale. This is why hiring an attorney is in your best interest, since laws get tricky and are subject to change. Estate Sale Contract Best Practices. 1. Bring estate sale contracts to the initial consult.

What factors affect the price of an estate sale?

Oct 23, 2015 · While there is a pretty standard fee for properties that are typical for an area there are various things that will dictate the price of your appraisal so we’ll look at these factors today. Location. Location may affect the price of your appraisal if the property is in an area that has sparse sales activity. The typical example of this type of property is one that is located in a …

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Do all heirs have to agree to sell property?

The sale agreement must be subject to the prior written permission of the heirs in the estate. This is a legal requirement and is lodged simultaneously with the application to obtain the approval of the Master.Mar 1, 2019

Can an executor sell property without Probate?

The only time executors can exchange contracts without probate is if they are sure the Grant of Probate will be issued in time for completion. Even then, this option too is considered to be high risk.Feb 16, 2021

Can the administrator of an estate sell property?

The Executor of an Estate is allowed to sell property owned by the deceased person, as long as there are no surviving joint owners or clauses in the Will that prevent selling the property.Mar 2, 2020

What rights does an executor have?

An executor has a duty to the Estate, whereas a beneficiary has a right to receive from the Estate. In a Court proceeding, arbitration or mediation, an executor/beneficiary may have to switch between “hats”: As an executor: To act in the Estate's best interest; As a beneficiary: To act in their personal interest.Jul 26, 2021

Can an Executor decide to sell property?

Yes. An executor can sell a property without the approval of all beneficiaries. The will doesn't have specific provisions that require beneficiaries to approve how the assets will be administered.Sep 30, 2020

Can only one Executor sell property?

Probate property owned in the deceased's sole name Only an executor can sell a property in probate. The executor of a Will is chosen by the deceased and is the only person with the right to handle the deceased's assets. A grant of probate will only be issued to the executor named in the Will.Dec 1, 2021

Can an executor override a beneficiary?

Ways an Executor Cannot Override a Beneficiary An executor cannot change beneficiaries' inheritances or withhold their inheritances unless the will has expressly granted them the authority to do so. The executor also cannot stray from the terms of the will or their fiduciary duty.May 12, 2021

Does an executor of a Will have to keep beneficiaries informed?

Executors have a duty to keep beneficiaries reasonably informed about the estate during administration.Jul 26, 2021

How does an executor transfer property?

If the property is to be transferred to a beneficiary the Executor or Administrator will need to submit a document called an 'Assent' to the Land Registry, with a copy of the Grant of Representation. The Land Registry will then transfer the property into the name of the new owner.Aug 27, 2019

What does an executor have to disclose to beneficiaries?

One of the Executor's duties is to inform all next of kin and beneficiaries of: The deceased's death; The appointment of themselves as an Executor/Administrator; Their inheritance – be it a specific item, cash sum or share of the estate.

Can one executor act without the other?

It isn't legally possible for one of the co-executors to act without the knowledge or approval of the others. Co-executors will need to work together to deal with the estate of the person who has died. If one of the executors wishes to act alone, they must first get the consent of the other executors.Jun 29, 2021

What expenses can an executor of a will claim?

What is a Reasonable Expense in Probate?Probate Registry (Court) fees.Funeral expenses.Professional valuation services.Clearing and cleaning costs for a property.Legal fees for selling a property.Travel expenses.Postage costs.Settling Inheritance Tax with HMRC.More items...

The Art of Estate Sale Pricing

  • When pricing items for an estate, it’s important to understand “fair current market value”. The items at an estate sale should never be priced equal to retail, current online sales prices, or even what they can be purchased for at an antique shop. If there are items at an estate sale that are rare or highly desirable in the current market, you may be able to price the item at a higher than n…
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Liquidation Pricing Efficiencies

  • Every home is different, and so are the contents inside, how does a company complete the task efficiently without sacrificing on value? The majority of estate sale companies will begin by staging an estate sale first, some companies will price the common everyday items as they’re staging for efficiency purposes. Common items such as coffee mugs, dishes, plastic bowls, bas…
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Pricing Picker and Discovery Sales

  • Some situations will require you to hold a full picker/discovery sale or a partial one. A picker sale or discovery sale is just another way of holding an estate sale. As a professional estate liquidator, your job is to assess each estate sale and adjust accordingly. It is your duty to always do your best, and try to make the estate as presentable as possible, but when the sale warrants it becau…
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Pricing Assumptions

  • Some homes are filled with books, while others may have hundreds of dolls, or figurines. Never assume that all items of the same brand or category are “about the same price”. Common Barbie Dolls may sell anywhere between $15 and $20. But there is always an exception to the rule. Some rare and vintage Barbie dollscan reach thousands of dollars. Taking the time to research is cruci…
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Pricing Effects on Company Reputation

  • As an estate sale professional, reputation is everything!While many factors play a part in the reputation of an estate sale company, perception is everything. Geographical location, level of competition, time of year, type and time frame of of an estate sale will have an impact on your pricing, but if you’re perceived as a company that always prices too low, or too high, it will directl…
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Discount Pricing Guide

  • Over the course of a few days, most companies will discount the items day after day. We again reached out to our estate sale professionals and members of our private Facebook Group dedicated to estate liquidatorsto get an example of a few estate sale pricing discount variations: Christine Finn with Optimum Estate Sales in Marysville Michigansaid “We normally run with a 3-d…
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Online Pricing Resources

  • Besides your own estate sale experiences, there are many online pricing resources specific to certain categories. Click here to view a previous article we published directing you to category specific appraisal guides. What we aim to provide in this article is a general overview of resources and common online sites used to begin using immediately for research and estate sale pricing p…
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