Q: I'm a Licensed Realtor & I have been appointed by the court as personal representative of my father's estate. House is
under contract. Am I allowed to receive a commission on the sale since I am the personal rep of the estate?
A: Probably yes but you should obtain court approval to protect yourself and the estate. You have a fiduciary duty to the heirs/beneficiaries and self-dealing in such a situation should be fully disclosed and approved by the court. Even if the listing agreement predated the probate filing. Your attorney can advise you. If you don’t have an attorney, you should get one. Probate is a very arcane and complicated process. Missing any one of dozens of details relating to the sale or the probate process could result in a cloud on the buyer’s title that might not be found until the property is being re-sold. Good luck and best wishes.
Richard Winblad agrees with this answer
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.