The Best Way To Sell A House In Probate And Relatives
I have a situation were a brother wants to sell to me a building actually contracted with me through a third party but the property is in probate and he is not the Personal Representative. The P.R. is another brother from florida who has possession of the father will and file the papers. He instructed the florida brother to sell all the assets including the property I want to buy and split the proceeds 70 percent 30 percent in his favor. The original brother who wants to sell to me doesn't want to let the brother know about the sale of the property and wants to prevent from him getting any money from the proceeds of a sale. Mind you the property is an extreme fixer upper and the family wants 220,000. Its worth that and more but I can get a discount. Anyway my questions is what can i do about this situation to offer the family a win win situations that includes the brother wants with out letting the court decide. Also should I contact the P.R. and why isn't the wife the P.R. can the son just appoint himself P.R. or does it have to be in the father's will.
If a probate of the dad's will has been opened, the probate court will confirm the will's appointment of the named executor...then that Ex'r will have the authority, probably (if he's an INDEPENDENT Ex'r), as per the will, to do what he/she wishes with the assets.
It often happens that the heirs decide not to probate a wil and the family just reaches an out-ot-court settlement about who'll get what, etc.
So you'll just have to wait and see what happens, and if there is or isn't a will probate filed.