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How do I reject a release agreement?

Lansing, MI |

I recently received a letter from an attorney telling me that a home that I am to get a percentage of through a will had been given an offer. The attorney also sent a release stating that I agree to the sale. I do not agree to the amount offered due to it being a difference of 40 thousand dollars between offer and tax appraised. How do I let them know that I do not agree.

Attorney Answers 3

  1. I would suggest that you call the attorney and express your concerns. I would bet that he/she will have a good answer for you.

    In my practice it is not uncommon that heirs/beneficiaries believe that real estate is being sold for less than fair value. Today's reality is that a property is worth what a buyer is willing to pay. That also assumes that, if the buyer needs a loan, the property will appraise sufficiently.

    If you need a personal consultation to give you specific legal advice I would suggest that you look to for a probate attorney near you.

    Good Luck.

    Legal Disclaimer: Paul A. Smolinski is licensed to practice law in the State of Illinois only, and as such, his answers to AVVO inquiries are based on his understanding of Illinois law only. His answers are for general information about perceived legal issues within this question only and no response to any posted inquiry should be deemed to extend any right of confidentiality between you and Mr. Smolinski, to constitute legal advice, or create an attorney/client or other contractual relationship. An attorney/client relationship is formed only by specific agreement including an evaluation of the specific legal problem and review of all the facts and documents at issue. We try to insure the accuracy of this information, but we cannot guarantee its accuracy. The reader should never assume that this information applies to his or her specific situation or constitutes legal advice. Therefore, please consult competent counsel that practices in the subject area in your jurisdiction and who is familiar with your specific facts and all of the circumstances.

  2. I would just send a written reponse saying that you reject the offer because the price is too low.

    The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.

  3. It is not clear whether or not you have the right to object or not. The personal representative probably has the right to sell this at whatever price he/she deems to be reasonable. If the sale needs to be approved by the court, (due to restrictions in the letters of authority), then there may be a hearing and you would have the chance to have your objections heard.

    James Frederick

    *** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state.

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