What are the options to get my uncle’s house from his estate?

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What are the options to get my uncle’s house from his estate?

My uncle passed away intestate with a house that has a mortgage. He has 2 surviving sisters, 1 of whom is my mom, the representative of the estate. She has just begun everything for probate. I want to purchase the house. What are my options to get it and what do I need to do to get it without it becoming a public sale?

Asked on July 29, 2019 under Estate Planning, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Your mother, as the estate's personal representative, can sell the house for a reasonable price: the money then will be distributed to the heirs. "Reasonable" can be lower than market value, if she can show savings from a private sale (e.g. no realtor commission; no marketing costs; not having ot fix up or stage the home) that justify selling it for less than the nominal market value. So you need to discuss the matter with your mother and see if you and she cannot work out a private sale of the home to you. There is no inherent right to buy the home; you have to convince the personal representative that the right thing to do is to sell to you.


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