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What legal action can I take if I disagree with the personal representatives decision on the sale price of probate property?

Hood River, OR |

I reside on the property, I do not pay rent. I am 50% heir. Property is in Hood River, 8.3 acres, irrigation rights, & on a creek. The asking & accepted price is $249,000. This property has a 3 bdr. 2. m.home w/seperate garage and attached 2nd shed. Other properties in this area w/o any structures are listed at: 1 acre=142,500, 1 acre=135,000 or 2 acres=250,000 or 5 acres=275,000 or 10 acres=450,000. 1 lot over, our property lines touch, there is a home (with flood damage from the creek about 10 years ago) is a 4 bdr.1 b.=1 acre going for 300,000.
I feel the p. representative and the probate lawyer are both just trying to get this done and over with and get paid, @ my expense.
Do I have any options to file a petitiion/or anything I can do?
closing is Friday.

Attorney Answers 3

Posted

Take ALL the probate documents, including the Final Account to which you allude, to a local probate attorney NOW. If the 20-day deadline is this Friday, you don't have any time to spare. Good luck.

Be sure to designate "best answer." If you live in Oregon, you may call me for more detailed advice, 503-650-9662. Please be aware that each answer on this website is based upon the facts, or lack thereof, provided in the question. To be sure you get complete and comprehensive answers, based upon the totality of your situation, contact a local attorney who specializes in the area of law that involves your legal problem. Diane L. Gruber has been practicing law in Oregon for 26 years, specializing in family law, bankruptcy, estate planning and probate. Note: Diane L. Gruber does not represent you until a written fee agreement has been signed by you and Diane L. Gruber, and the fee listed in the agreement has been paid.

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Donald Joseph Quinn II

Donald Joseph Quinn II

Posted

As Counsel has suggested, you have a right to object, etc. but that right might be foreclosed if you don't respond in a timely fashion. Get to a local probate lawyer asap.

Posted

I agree with Attorney Gruber. You are seriously under the gun, here. Get this information to a lawyer right away to see if anything can be done. One option, if you believe that the price is seriously under FMV is to offer to buy out the other owner. Since you essentially own 50% anyway, your price would be $125k, less any closing costs and selling expenses. If the property is worth what you think it is, you could make a killing.

James Frederick

***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** 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. I hope you our answer helpful!

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Posted

I agree with both other attorneys. You have the right to object but must do so timely and properly. You really should be represented by an attorney in putting forth the objections.

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