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I have interest in a house that my Dad left me in his will. He died and the trustee under sold the house by $40,000.

Chanhassen, MN |

The Trustee put the house on the market for $219,000 then sold it for $180,000 the same day it went on the market. She did all of this without notifying the beneficiaries. She is also the Personal Representative. The comparable townhouses in the area are selling for $220,000. Is she personally accountable for this negligence?

Attorney Answers 2


  1. You will need to hire a lawyer and object to her action. Was the house sold by her as trustee? Or through the probate? Regardless, you will have to object. There may be special circumstances that justify the lower amount, but you will need to investigate.

    Given the amount, however, this may be one of there being a difference between having rights and enforcing rights. The cost to deal with this could outweigh the benefit/

    Has the sale closed? Have you asked the Trustee the basis of the low sale price?

    The general advice above does not constitute an attorney-client relationship: you haven't hired me or my firm or given me confidential information by posting on this public forum, and my answer on this public forum does not constitute attorney-client advice. IRS Circular 230 Disclosure: In order to comply with requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein. While I am licensed to practice in New York and California, I do not actively practice in New York. Regardless, nothing said should be deemed an opinion of law of any state. All readers need to do their own research or pay an attorney for a legal opinion if one is necessary or desired.


  2. Attorney Shultz is correct. Please retain an attorney as soon as possible. He or she can investigate this matter and, if your facts are confirmed, object to the sale of the townhouse for less than market value. Good luck to you.

    This information is presented as a public service. It should not be construed to be formal legal advice nor considered to be the formation of a lawyer/client relationship. I am licensed in Connecticut and New York and my answers are based upon the law in those jurisdictions. My answer to any specific question would likely be different if I were to review a client's file and have the opportunity to interview the client. Accordingly, I strongly urge you to retain an attorney in your jurisdiction with respect to any legal matter.

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