Q: Will the orphans court judge make a decision on a estate if 4/5 brothers agree for one brother to buy out the house.
We have lived with my father in law 8 years before he died took care of all the bills and 4 out of the 5 signed over that we can buy them out the last brother is in jail and won't sign or corporate with us
A: The Orphan's Court is likely to require you to obtain a proper appraisal so that your brother is properly compensated. But, do you really want to take title in the names of four of five brothers? Do you all live there? Wouldn't it be better to sell it and divide the proceeds so you can each have your own down payments?
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A: So long as the sale price of the home nets the estate the same money as a normal third-party sale—in other words, fair market value—then the court should grant the PR’s motion to authorize the sale. The PR should support the motion with a proper appraisal. Assuming that the estate will be saved sales commissions and other closing costs, the actual sales price need not be as high as a full FMV, so long as you can show the net proceeds will be the same.
Cedulie Renee Laumann agrees with this answer
A: In many estates one heir wants to keep the house and "buy out" the remaining heirs. This is common and an experienced estate attorney should be able to advise of the practical steps to make this happen. Basically the Personal Representative has authority in most cases to sell the property without court approval so long as it is conveyed for full value. The Court cannot waive anybody's interest in the estate but in most cases a Personal Representative can either give a heir a share in property OR the value of the property in cash. In other words, if someone is entitled to 1/4 of an estate and the estate has a house worth $100,000, the heir can either get 1/4 of the title to the property or $25,000.
Essentially a buy-out can happen in one of the following ways: A) the Personal Representative deeds to all the deceased's children (in this case that sounds like 5 or 6), and then the siblings immediately deed it over to whomever will keep the property. B) the Personal Representative deeds the property directly to whomever is buying out, in exchange for whatever "buy out " funds.
If the Personal Representative hasn't engaged an attorney to help with the estate it might be a good idea to at least hire an attorney to assist with wrapping up the estate and deeding the property. While I hope this post helps it shouldn't take the place of getting specific legal advice.
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