Phoenix, AZ asked in Real Estate Law, Business Law, Probate and Estate Planning for Pennsylvania

Q: Estate property sole without executor consent for SIGNIFICANTLY Below market value

Father passed away in 2017. I was named the sole executor and beneficiary in his will. The will explicitly outlined this property as belonging to him and being left to me in the case of his death. Suddenly a silent business partner that walked away four years ago exerts that he is half owner of the building. Refused offers in 2017 to sell it for $80,000. Fast forward to 2021 and he sells it along with my former estate attorney apparently by representing that he still represented me which was not even the case , without notice being given to me or my consent for $39,000 after real estate prices had doubled in the previous five years. What can I do? The estate was robbed of its interests in this property. The settling of this entire estate is nothing but one fraud after another. One malpractice claim after another. But this to me seems like it goes beyond that and perhaps to the level of criminal. Do I have any recourse?

1 Lawyer Answer
David Kennedy Bifulco
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  • Bethlehem, PA
  • Licensed in Pennsylvania

A: Dear Executor, without more details it is difficult to give you an answer as to what recourse you may have. That aside you are the Executor which means that you step into your Father's shoes regarding the disposition of his assets. The attorney that represented the Estate should have informed you of the sale. Unless you granted the attorney the power to dispose of the remaining PA assets at his discretion by granting him a Power of Attorney for that purpose. I would recommend that you gather all the documents that you have and meet with an Estate/Litigation Attorney as soon as possible. Please feel free to contact my office if you would like additional direction in this regard.

I wish you all the best as you deal with this situation as I know it is difficult dealing with the loss of a loved one and resolving their affairs after they pass.

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