Determining Acceptable Value of Inherited Real Estate?

   / Determining Acceptable Value of Inherited Real Estate? #21  
I know it is much easier said than done, especially with family, but nobody can take advantage of you like this without your permission. Figure out your hard limits, tell them what they are, and stick to it. Some time thinking through what you are and are not willing to do would be worth it, IMO.
 
   / Determining Acceptable Value of Inherited Real Estate? #22  
Yes… equal as to value distributed but in specifics family home to me…

I’m very familiar with that.

It comes up short but this is why I offered full appraisal…

So, in other words, the rest of the estate (less the value of the real estate of the home) does not exceed the value of the home itself correct ?

Trust loans is one way to make it happen when everyone is on the same page… cash out to distribute secured by home which diminishes the net value of home because encumbered.

In simple terms do you take title as owner occupant with $4k annual property tax or take tittle with 16k annual property tax all depending on how it’s structured… an only in California thing.

Without knowing more specifics it’s hard to say for sure, but it sounds to me like you made them a generous offer … assuming it was a fair appraisal.

If they are unhappy with the appraisal, one way to resolve that might be to secure a couple more appraisals and use the average.

The problem with that is several fold:

1. The biggest one is probably finding a disinterested 3rd party to select the additional appraisers.

Is the Estate Lawyer a trusted party your mother has had a long-term relationship with ?

2. As dstig points out the siblings aren’t wrong about determining FMV.

Sounds like they want to roll the dice and gamble on a big (or at least larger) payoff.

They could be right … or way off base.

From what little I know, it seems you’ve looked after your mom in her twilight years, providing help and support when she needed it.

That’s actually worth quite a bit.

Whether you can get them to recognize that by pleading your case is another matter altogether.

If you are the Executor, I’d assume you are entitled to executor’s fees for administering the estate. May depend on how the will was written and/or the laws in your state.

If you wanted to sweeten the pot, you could offer to forego those fees - either in whole or in part.

If the siblings aren’t willing to resolve it amicably, in a fair manner, then you should definitely seek those fees for the work you will have to put in to close out the estate.

As plowhog mentioned, things like this are a miserable road to have to go down.
 
   / Determining Acceptable Value of Inherited Real Estate? #23  
I think spending that money, and possibly more, for a chance to make additional, doesn't sound like a good plan, unless they are dang sure of a significant return.

As the executor of the will, can't you simply force a sale as is?

If the intend is for you to end up with the home, and pay a fair price to siblings; the renovations could hurt you, driving up the improved property taxes. Who decides what improvements are or aren't made?

I'm surprised how low the taxes are; even at $16k/year, for a $1m house; that's only 1.6 mils; in FLa, it would be very close to 2.0 mils outside of town, and approaching 3.0 mils inside a city limit.
 
   / Determining Acceptable Value of Inherited Real Estate? #24  
I’m thinking of getting a legal opinion from a lawyer in town… I knew his father and the son continues and people I referred thanked me… just hate spending money frivolously…

Wise idea …

Or get him to recommend an attorney who specializes in estate/probate law if he doesn’t.

Of course I can just plow through and run the risk of becoming an only child which I guess is more the gist of this thread

All you can do is be fair to your siblings.

How they take that is on them.
 
   / Determining Acceptable Value of Inherited Real Estate? #25  
I’m thinking of getting a legal opinion from a lawyer in town… I knew his father and the son continues and people I referred thanked me… just hate spending money frivolously…

Of course I can just plow through and run the risk of becoming an only child which I guess is more the gist of this thread

Getting a lawyer is - in my opinion - your only real option.

Any sibling can hold the whole thing up and cause pain if they do not agree with your decision. It could take a long time to plow through the courts.

You need to understand exactly what you can - or cannot - do under the terms of the will and California estate laws.

Any compromise on your part to maintain family relationships is then done from a basis of knowledge.

Sorry you have your go thru this. It is unfortunate, but not unusual, for money to drive a wedge between family.

Good luck.
 
   / Determining Acceptable Value of Inherited Real Estate? #26  
I'd invest $10k or $20k for a lipstick on a pig spitshine, then sell.

The next buyer may have other remodel preferences

What if your remodel opens a dozen cans of worms?

Unexpected rot, damage, or wear?
 
   / Determining Acceptable Value of Inherited Real Estate?
  • Thread Starter
#27  
I’m very familiar with that.



So, in other words, the rest of the estate (less the value of the real estate of the home) does not exceed the value of the home itself correct ?



Without knowing more specifics it’s hard to say for sure, but it sounds to me like you made them a generous offer … assuming it was a fair appraisal.

If they are unhappy with the appraisal, one way to resolve that might be to secure a couple more appraisals and use the average.

The problem with that is several fold:

1. The biggest one is probably finding a disinterested 3rd party to select the additional appraisers.

Is the Estate Lawyer a trusted party your mother has had a long-term relationship with ?

2. As dstig points out the siblings aren’t wrong about determining FMV.

Sounds like they want to roll the dice and gamble on a big (or at least larger) payoff.

They could be right … or way off base.

From what little I know, it seems you’ve looked after your mom in her twilight years, providing help and support when she needed it.

That’s actually worth quite a bit.

Whether you can get them to recognize that by pleading your case is another matter altogether.

If you are the Executor, I’d assume you are entitled to executor’s fees for administering the estate. May depend on how the will was written and/or the laws in your state.

If you wanted to sweeten the pot, you could offer to forego those fees - either in whole or in part.

If the siblings aren’t willing to resolve it amicably, in a fair manner, then you should definitely seek those fees for the work you will have to put in to close out the estate.

As plowhog mentioned, things like this are a miserable road to have to go down.
2.5m all in depending on valuations of a part interest in a commercial property, IRA, mountain cabin.

I was able to change my work hours to start at 4 am and would be a moms everyday to fix lunch and stay until after dinner when she retired for the evening.

Mid 2018 is when I began spending the night in my old bedroom which continued until she passed in 2023 with home hospice care in full force… hospital bed, catheter, supplemental oxygen, etc… at the end.

Mom never complained and was always grateful to be home and somehow always knew my schedule and my name to the end.

Her Doctor said the best thing for her is being comfortable in familiar surroundings and with Covid around keeping her home was the best.

When the pandemic started she was 100% cutoff from everyone except me and her dear neighbor… no kids visiting, no church, no going to the market or visiting friends… just us keeping company on long walks into the hills everyday.

It’s hard when you know everything in the world has changed but can’t understand why…

I reached out to the family back in 2017 because mom would forget the stove was on and that was bad… family said put her in a facility so she doesn’t burn down the house and this way no one has to worry about her.

When I said she wouldn’t be a good fit as someone running marathons into her 70’s and very costly I was told ok… it’s on me going forward.

Putting up laminated signs, white boards and turning off the range and micro circuit breakers when I was at work made it all work for a long time.

She asked daily about the grands and then day no more.

I agreed to serve without compensation so no fees.

As dad would say I keep a lid on things and look after mom which happened to be the last words he said along with your brothers are good guys but they have other interests and I know mom can depend on you.

No doubt fixing to sell will net more than the dollars expended but they would not be doing any of the lifting… maybe calling subs and contacts leaving me coordinate?

My thought is an as-is sale to me would be a win/win… they wouldn’t be bothered lifting a finger and I wouldn’t be rushed… they don’t see it this way but instead see it as leaving money on the table.

Moms estate lawyer actually came to her through my brothers long standing business relationship with him… I’m more a third wheel or outsider…

Our one meeting after mom passed the lawyer stressed finding a way where everybody stays friends which means looking at the big picture.
 
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   / Determining Acceptable Value of Inherited Real Estate?
  • Thread Starter
#28  
I think spending that money, and possibly more, for a chance to make additional, doesn't sound like a good plan, unless they are dang sure of a significant return.

As the executor of the will, can't you simply force a sale as is?

If the intend is for you to end up with the home, and pay a fair price to siblings; the renovations could hurt you, driving up the improved property taxes. Who decides what improvements are or aren't made?

I'm surprised how low the taxes are; even at $16k/year, for a $1m house; that's only 1.6 mils; in FLa, it would be very close to 2.0 mils outside of town, and approaching 3.0 mils inside a city limit.
Prop 13 sets the California statewide property tax at 1% and then add local assessments.
 
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   / Determining Acceptable Value of Inherited Real Estate? #29  
Tell the siblings that they front all the repair monies, youll take care of all contracting issues and maintain house until sold, than split evenly. On paper by lawyers.
 
   / Determining Acceptable Value of Inherited Real Estate? #31  
I think you're right to seek legal advice. (That advice should be funded by the estate, hopefully the other assets have not been distributed.) Your siblings will have to sign off on the sale, and you'll need to be stain-free.

Surely you're under no obligation as executor to improve the property before sale. What happens if you spend estate funds to improve it and the value doesn't increase like they anticipate? Then you may be open to charges of malfeasance.
 
   / Determining Acceptable Value of Inherited Real Estate? #32  
As executor you can do as you wish.

Final decisions will depend on what you plan for future relations with the siblings.
Well, not really. He better be prepared to defend his actions in court. He is obligated
 
   / Determining Acceptable Value of Inherited Real Estate? #33  
Well, not really. He better be prepared to defend his actions in court. He is obligated
He has a legal appraisal vs what two realtors say the property should be worth.

and yes, an attorney is defiantly needed.
 
   / Determining Acceptable Value of Inherited Real Estate? #34  
We went thru this from 2021 till 2023

Get a lawyer and be ready to go to war.


Act as fast as you legally can and dump it. Save every single receipt, email, phone call, anything related to the estate.

I ended up fronting way to much money to deal with the house, lawyers, you name it

If I had to do it again, I'd let the bank have it and walk away
 
   / Determining Acceptable Value of Inherited Real Estate? #35  
Ultrarunner good luck in your adventures.when my mom started having issues from dementia I made sure to be with her every lunch and after work. Later my sister moved in with her but I still stopped by for lunch and after work. I know you made the last years of your mom’s life more enjoyable. We let my sister buy house at below appraised value. For repayment for all she did for mom. I had to talk my brother into price, with do it for mom. The loss in money was worth it for happiness mom received from staying in house until end
 
   / Determining Acceptable Value of Inherited Real Estate? #36  
Offer to sell the property to the siblings jointly for the assessed amount, then they can jointly fix it up with their own money and flip it for profit.

At the end of the day the realtor's opinions are just that and it's the professional certified assessors opinion that matters in the absence of a third party arms length buyer. Let the siblings pay for their own professional assessments if they want to compare. Or go to auction.
 
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   / Determining Acceptable Value of Inherited Real Estate? #37  
The issue comes up when I’m told the only way to determine fair market value is by selling on the open market.
I'm going to say something, and I hope I don't step on any toes because when it comes to family and money, all bets are off.

YOU took care of your mom and her house.

I'm also guessing you aren't a "free loader" and a bum in the family.

Who the frick cares about "fair market value"?

Don't get me wrong, it's not like you're going to buy the house at a family discounted price of 50% off.

I just don't get the fact of trying to maximize the sales potential when it comes to a good family member who has contributed to the family.

I believe you don't have children if I remember correctly. Who gets the house when your time on this earth is up? Can you just leave the house to your family then at that point so then they could maximize their profit?
 
   / Determining Acceptable Value of Inherited Real Estate? #38  
Don’t want to leave any money on the table but by the same token my 403b, life insurance, etc all goes to their kids…

I punch a time clock… they don’t.
None of my business, but if their kids don't need it, look at some causes you love, and leave some there.

Correct me if I'm wrong, but at the end of the day, if you own the home, I'm guessing the home will still go to their kids?

I could be wrong, but I'm guessing the home means more to you than just being a structure to live in.
 
   / Determining Acceptable Value of Inherited Real Estate? #39  
You should have gotten your mom to change the will back when they didn't want to help take care of her. I think now you are backed in a corner. I'm thankful every day that I have the sister I do. We never crossed words over what was left and how to split it up.
 
   / Determining Acceptable Value of Inherited Real Estate? #40  
I am going to disagree with all the advice for you to hire lawyers. Lawyers add cost and often do nothing other than complicate things. From the sound of it your siblings are looking for pie in the sky inheritance and any form of reality or reason from you will not change that. I would put it in their hands only retaining your rights to your split of a property sale. If they try to cheat you out of that than it would be time for lawyers.

Forget about keeping on good terms with them. You made your offer and they rejected it. Just like they rejected caring for your Mother.
 

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