Asked in Real Estate Law for Michigan

Q: Can my brother is executor have his real estate affiliates sell the property so that he will get a comission.

Isnt that a conflict of interest?

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1 Lawyer Answer
David Soble
PREMIUM
David Soble
Answered
  • Farmington Hills, MI
  • Licensed in Michigan

A: If your brother discloses his business relationship to the heirs of the estate and they sign off on that., it should not be a problem. On a more practical note, one would think that if he was using his license to sell the property, he would be doing so to save the estate from paying high commissions, not charging for his services. More importantly, if I were in his shoes, I would not want to mix business with family because when a problem arises, he may be held accountable both professionally and personally.

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