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

UPDATED: Oct 2, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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