Can I file a restraining order to halt the sale of a shared house?

[justalayman]

the very first thing you need to do is get a copy of the will to determine what you were given. If it was the house, you can argue she has no right to sell the house as it is in contrast to the directives in the will. If given the value of the house, while you cannot actually stop her from selling the house for less that it is worth, you can make a claim against her for the loss you have due to her actions.

 

[fortheluvofpete]

the very first thing you need to do is get a copy of the will to determine what you were given. If it was the house, you can argue she has no right to sell the house as it is in contrast to the directives in the will. If given the value of the house, while you cannot actually stop her from selling the house for less that it is worth, you can make a claim against her for the loss you have due to her actions.

Okay, I read over the will. My older sister was named Personal Representative. It mentions that all properties be shared equally. Any place that mentions decisions on sale or investment of property, the will uses the word "They" as opposed to the PR's name. Does that matter? Does that mean I should've been included in the conversation of the offer on the house?

Anyhow, an update on what I've done... a realtor friend of mine told me to get a realtor myself and hurry up and counter the offer before there was a signed contract. I lucked out and happened upon a realtor that is good friends with the seller realtor, and is in the office next door. He walked over my verbal offer for more money and no inspection, and found that the contracts had not been signed yet. That night, I signed off on the offer and faxed it in. He walked my signed offer to the realtor the next morning and was told that my sister, knowing I had put a higher offer in, chose to decline and sign the other contract with the lower offer.

 

[justalayman]

Any place that mentions decisions on sale or investment of property, the will uses the word "They" as opposed to the PR's name. Does that matter?

quite possibly. Without reading the actual document I cannot say for certain nor can I determine if there are other statements that clarify that statement.

Does that mean I should've been included in the conversation of the offer on the house?

maybe

verbal offers to sell RE are not valid, well, the offer may be valid but it is not enforceable and the acceptance of a verbal offer definitely is not valid. Sales contract for real estate must be in writing. I am surprised your Realtor (is he actually a Realtor or simply a real estate agent?)

so now, you have to figure out what the clause you asked about means. I suggest finding a lawyer who can read the actual document and advise you.

beyond that, you may still be able to challenge the sale especially if she knew of your offer (even though it was only presented verbally initially) and took a lesser offer. She may have violated her responsibility to the estate and the heirs of the estate to act in the best interest of the estate and its heirs. That could cause her a LOT of problems.

 

[fortheluvofpete]

Sales contract for real estate must be in writing. I am surprised your Realtor (is he actually a Realtor or simply a real estate agent?)

He's an agent. He went to the seller agent with the verbal offer to get it out there and to see what was happening. He then quickly put together my contract and faxed it over so I could sign them and fax back immediately. I had explained the situation to him, so he knew time was of the essence and plus I wanted a time/date stamp on my offer.
I've already got my communications with my sisters email 5/25, telling me she had an offer but not telling me what it was. I responded that I'd like an opportunity to counter. The next day, 5/26, 16 hours later, an email where I was told the offer was accepted (now she tells me the price), after discussing with all but me.

I will definitely get myself a lawyer.
Can I ask you, can she use the estates bank account to fight me? (with whatever it is I do.) That would be like me paying one and a third times!

 

[justalayman]

Can I ask you, can she use the estates bank account to fight me? (with whatever it is I do.) That would be like me paying one and a third times!

she can use the estates bank account to defend the estate. Actions that she may be personally liable for are out of her pocket although a PR often utilizes estate funds improperly to defend themselves. In this situation, at least in regards to the sale of the house issue, it would be considered an estate issue, for now. An issue she would be required to defend herself would be something where there is a claim of illegal action or impropriety. In this issue, she would simply be defending a contestation of the acts of the PR.

 

[fortheluvofpete]

Okay, thank you! I very much appreciate your help!

I'll check back if anyone's interested in what comes of this.

 

[justalayman]

well, I'm interested in the outcome.

 

[fortheluvofpete]

well, I'm interested in the outcome.

Well, things are happening fast here. On Saturday, the buyer had an inspection done, and resulted in rescinding their offer. Apparently, there was mold found in the crawl space. I don't know if the buyer tried to negotiate the price down and was refused or what, but they just walked away. My offer (the one that was ignored) still stands. My sister requested a copy of the report (I don't know if they'll give it to her without charging her, since it was paid by the buyer), and who knows if she'll even share it with me since my offer was without an inspection.

I'll keep you posted!

 

[fortheluvofpete]

OH! Forgot to mention... My spouse and I realized while discussing this new information, that my sister had let the home insurance EXPIRE! I'm sure she thought the house would've sold quickly, but it wasn't. We thought, hey, maybe it's covered in the policy, but now NOTHING is covered! This, right here is neglecting her duties of safeguarding the estate, isn't it? She should be removed from power of decision making as far as I'm concerned.

 

[Mass_Shyster]

My sister requested a copy of the report (I don't know if they'll give it to her without charging her, since it was paid by the buyer)

The inspection contingencies I've seen require the buyer to provide a copy of the report to the seller if the buyer is withdrawing the offer due to the inspection.

 

[justalayman]

fortheluvofpete;3058433]OH! Forgot to mention... My spouse and I realized while discussing this new information, that my sister had let the home insurance EXPIRE!

she might want to remedy this asap. As exec, she can be held personally liable for losses incurred due to her not performing her duties.

She should be removed from power of decision making as far as I'm concerned

you can try. If she has proven herself inept, the court can remove her and assign the power to another.

was she required to purchase a bond to be appointed executrix?

 

[fortheluvofpete]

Good news! Thanks Stevef!

she might want to remedy this asap. As exec, she can be held personally liable for losses incurred due to her not performing her duties.

you can try. If she has proven herself inept, the court can remove her and assign the power to another.

was she required to purchase a bond to be appointed executrix?

Purchase bond, I don't know. I'll try to find out.

First, since she's far away from the property- she was in contact with a real estate investor. I flipped when I found out! Thankfully, someone got her away from them!

Next, she offered me the property for the assessment value! To be paid for with my inheritance money (instead of me taking a mortgage)... great, thanks! NOT!! Just what I wanted to be- cash poor, vacation house rich! ::rolls eyes::
I was next offered the list price since contacting a realtor (and given 10 days to bite, before the 6% realtor fee kicked in), again to have papers filed in the court to adjust the price down from the assessed value and paid for with my inheritance. WHOOPIE!!!!! Um... no.
I didn't even respond to the nonsense. I chose to let the property go to the open market to get a fair price like any other schmuck bidder.

The price was lowered after 30 days on the market (as expected). I was still on the sidelines, waiting for a comfortable range. Although the relationship broke down and communication was now update of pertinent info via email.
The buyers offer was 21,000 lower than the LOWERED realtor listed price! A full 41,000 less than MY first offering!!! 26,000 less than my next offering!!
When my sister was aware that I wanted to buy the house at or near what this complete stranger would buy the house for (plus a realtor fee), she went into spite overdrive! How DARE I (me), use those professional realtors (x2) and the tireless negotiations, to now pounce and try to get the same deal, after all these months!!!
HOW DARE YOU! (ME)
The nerve of me!!! lol

Unlike my sister, I'm not vindictive and don't want to ruin or even cause undue stress. I am just smart with my money!

 

[justalayman]

this sounds like my grandmothers estate/property when she passed. Nobody wanted to sell at a reasonable price so it got held for years, many years. Eventually it sold to a relative for an auction price and nobody was happy, especially after paying the executors their financial loans made to the estate for taxes and such. Not sure anybody ended up with any actual cash out of the deal.

I guess if you can't make everybody happy, you just wait until nobody is happy so at least everybody feels the same about the issue.

 

[fortheluvofpete]

this sounds like my grandmothers estate/property when she passed. Nobody wanted to sell at a reasonable price so it got held for years, many years. Eventually it sold to a relative for an auction price and nobody was happy, especially after paying the executors their financial loans made to the estate for taxes and such. Not sure anybody ended up with any actual cash out of the deal.

I guess if you can't make everybody happy, you just wait until nobody is happy so at least everybody feels the same about the issue.

THIS^ is exactly what I don't want!
My sisters want to dump the property for the cash, but they don't want ME to make out BETTER than THEM! Which essentially I will!

 

[justalayman]

have you considered using a 3rd party intermediary so she does not know it is you purchasing the property?