Asked in Probate for New Jersey

Q: Can a lawyer use incorrect information to justify a client's self dealing?

Estate executor used dealer "trade in" value as the basis for purchasing a vehicle for 7K that she had previously valued at 10-15K. Lawyer claims that because a dealer wrote a note claiming this is trade in value, it is now an appraisal that represents fair market value. I think there is no legal basis for this assertion and the lawyer should not be permitted to represent it as factual.

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2 Lawyer Answers
H. Scott Aalsberg
H. Scott Aalsberg
Answered
  • East Brunswick, NJ
  • Licensed in New Jersey

A: It doesn't sound like self-dealing in regards to the facts given however you can always let a lawyer look into the case. It is common for cars to be sold at the trade-in value rather than the private party or retail value.

Derek John Soltis
Derek John Soltis
Answered
  • Probate Lawyer
  • Jersey City, NJ

A: It is not a good sign that the Executor is buying property from the estate. The Executor owes a duty as a fiduciary to the estate. You really should speak with an attorney. Do not rely on any public internet forum as a basis to make a legal decision.

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