Selling Mother's House Within an Equal Estate Split

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Original Member Title: Mother’s Estate
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A member described a will requiring all assets to be liquidated and divided equally among five siblings, while one older brother wants to buy the family home but may not be able to afford market price without a discount. The family has selected a personal representative with estate planning and real estate experience, plans to use a private appraisal and local CMAs, and expects Wisconsin probate to take about a year.

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Mr Lars

Senior Member
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Coleman, TX
Will and Last Testament was short, and to the point. All assets in her name was to be liquidated, and distributed evenly among all 5 of her children.
My older Brother has expressed interest in purchasing her home(where we all grew up), not an issue with me, nor the 3 other siblings but, we doubt brother can afford it without all of us are willing to ‘give a deal’ on the purchase price.
How have others navigated choppy waters like this. 4 of us are in our 60’s, youngest brother is 53.
 
You may want to consider the possibility of him selling it after a short period of time. Ask the solicitor if you can put a clause into any agreement about sharing the profits should that happen within x amount of time. (IF it could become a bone of contention in future).
 
@LarsMac offers sound advice. My work in the court system, and experience with my own and my wife's family, all lead me to encourage you--strongly--to get an attorney involved. No matter how close and agreeable you siblings may be, to navigate these dark and dangerous waters without legal guidance is to invite disappointment, disillusion, anger, division, and resentment into your family.
Real estate or probate attorneys can help you hammer out an agreement that will serve your intents and protect all of your interests.
Best of luck to you.
<<EDITED TO ADD>> Your post arrived before mine. Your executor should be able to smooth your path considerably.
 
I refuse to do any business dealings with family. There will be hard feelings if you don't give him a deal, and hard feelings if you do and that deal goes sour.

My daughter got a $30k discount from my parents when they moved to assisted living. By covering the closing costs and the down payment.

My daughter "claimed" she didn't know her husband had agreed to buy the house only to help his brother get a deal. Then her husband sold the house to his brother the day after they closed on the house.

Lots of hard feelings from my family towards my daughter and her husband. She claimed that was why they divorced a few month after. But there will be doubt about her credibility forever.
 
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When my mother-in-law passed, her will divided everything equally between my wife and her sister except for a small bequest for me. Since neither one was interested in keeping the house, it was sold through a realtor and the proceeds divided equally. We were interested in keeping her summer cottage though, and her sister had no interest, so we had a professional appraisal, and we paid her sister half of the appraised value. With 5 people involved, I would do the same thing. Have the property appraised by a mutually agreed on appraiser, deduct one fifth of the value, and the balance is the price to the one person that wants the house. How that gets paid is up to the one buying the house. If the others agree to take payments, so be it.
 
The family, and the PR(executor) have agreed to a ‘private appraisal’ and to have a couple CMA’s(comparable market analysis) conducted by local Real Estate Agents, to give all parties a basis to start from establishing a purchase price. The value of the real estate is approximately 50% of the total value of our Mother’s estate.
 
I was executor on both parents. I made it a point that the major assets like real estate and vehicles would be sold on the open market. If any family member was interested they would have to buy it on the open market. Did not want any future unexpected consequences.
The one exception we made was my mother's old Mercedes which we gave to one of the grandsons with everyone being in agreement.
 
My older Brother has expressed interest in purchasing her home(where we all grew up), not an issue with me, nor the 3 other siblings but, we doubt brother can afford it without all of us are willing to ‘give a deal’ on the purchase price.
How have others navigated choppy waters like this. 4 of us are in our 60’s, youngest brother is 53.
All the financial warning signs are there, clearly saying this is not going to end well. Hiring professional advisors isn't going to change the difficult decision facing the family. Either you will subsidize the brother's purchase or not, and if you do the odds of success are poor. If you decide to be a compassionate family and help him out, the rest of you need to be prepared to lose all or much of that 50% of the estate.

Sorry to be so brutal about it. :nonono:
 
Before my mother died, my oldest sister and her husband insisted that I assume "certain" responsibilities over my mother's house ... namely, costly repairs. I was, at that time, power of attorney over finances; my other sister power of attorney over her health. He health was declining fast.

Now, my oldest siter and husband were both money grabbers (and I'm NOT exaggerating). They got themselves financially in a pickle over 2 different family members that previously died in his family. It was all greed.

The house needed certain repairs, and it was in my mother's will that the house was to be sold and proceeds divided equally. Little did anyone know she would end up in a nursing home, that quickly drained her savings. I could not get her on Medicaid because she owned the house. In order to qualify for Medicaid the recipient can not have, own, or possess a total net worth of just a little over $2000 .... total, for everything! With the house, she never qualified.

But my elder sister still thought money was coming her way, and if I spent the money now to fix everything, SHE would end up at the end with more.

This was impossible. I finally had to tell her to "shove it where the sun don't shine!" with a few other choice words. She has not talked to me since. That was 6 years ago.

When my mothers savings depleted, the house had to go on the market, and now her assets were "literally" zero! Everything gone! At almost $6000 a month from the sale of the house going to the nursing home, it took only a few months for all of that to end up zero, she now qualified for Medicaid. I finally got her on Medicaid which now paid everything for the nursing home. Her money monthly income was Social Security only, which went directly to the Nursing Home and $25 into her personal account at the nursing home for hair dressing, manicures, and such as that every month.

What was really sad though, I finally got her on Medicaid when the last bit of the money from the sale of the house was sent to the nursing home, and 3 days later she died!

Well, at this point, the original Will meant nothing. There was nothing left. Actually, the nursing home contacted me about 2 months after she died and told me she still had $0.05 on her account, if I wanted the 5 cents back. I told them to just keep it. The cost to send a 5 cent check to me and the trip to the back to cash it was simply not worth it.

Point to be made, I still have had no communication with my elder sister since that last blow up to this day. I reach out to my younger sister that informs me she's still alive and kicking. That's about it.

If I were in YOUR position, I'd insist that the house be sold to someone outside the sibling circle and hold your guns to that. The one sibling may be upset, but it's better to loose one only, instead of 4 when things happen in the future.

IF (IF IF IF) you do sell to the sibling, insist on the full price. Do not bend, and let them get a loan! It's the only way to do it.


But in the end, it's also a matter of how fast you want to get rid of the house and have no responsibility for it. If selling at a lower price guarantees it's out of your hair forever, it might be worth it. If so, sell to the sibling and simply be done with it. The end ... IS the end!

If the sibling sells the house and makes a profit, so be it! You agreed to a price, be satisfied with that. WHOEVER the new owner is, it's their house free and clear. You should not get upset over ANYTHING they do to the house after YOUR sale. If you cannot accept this thought, then sell to a non-family member and stick to the original price. Those are your options.
 
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The only one of the 5 that’s knows his financial situation is him, and he has not yet shared with the 4 of us. During a meeting with all of us, and the PR, the PR wanted the 4 of us to give an opinion on what we would be satisfied for a selling price to older brother, without asking older brother what his opinion would be for a satisfactory purchase price. One Sister said ‘market value’ another Sister said ‘as much as we can get’.
 
Two things:

1) You do not need a "PR", you need a realtor involved who can actually establish a price for the house by doing comparables in the geographical area. This eliminates everyone coming up with a different opinion. But, everyone has to be in agreement to do this, including the youngest sibling. One may think the realtor's price is too high, another may think it's too low. But, it must be agreed upon by all that the realtor's price is the final price.

If the youngest can now afford it, so be it. If not, it goes on the market. If the house does not sell after a few weeks, the price is reduced until someone can afford it. When the price is reduced, the listing will appear at the top of the lists again.

2) "Negotiating payments"
Yikes, that's called a "Land Contract" and THAT is something you never want to do. We sold a house on a land contract. Under those conditions, you are the lender and payments are made to you. Once in the house you literally have to through h e l l to get them out of the house. It cost us over $20,000 to get our "land contract" disaster out, and they they left another $40,000 worth of damage that insurance did not cover. We were out $60,000, and then when we took him to court, it took over a year to nail him down. The only way we were able to get him in front of the judge was to wait for him to be arrested for drunk driving. In jail, he was summoned to court. The judge rulled in our favor, but we never collected a penny. The next time he was in jail we were in court again for his non-payment awarded to us. Because he was to be in jail for quite a long time at this point, we had no choice but to finally drop everything. We were out $60,000! NEVER, NEVER, NEVER do a land contract (payments to you).

Plus if you do payments, each month when payments come in, you'll have to split that payment up between all 5 of the siblings. Do you really want to do that every month for the next 30 years?

No my friend.... sell the house and be free of it. This is pure 100% business. Take all the sentimentality out of the equation. Here you must be cold ... cold as ice ... and even your brother at this point is NOT your friend. It's a business transition. Keep that in focus and let the chips fall.

Unfortunately, when parents die, children often end up at odds with each other, irreconcilable differences that change the relationships forever. Yours is on the threshold of happening no matter what choice you end up with. So... keep your head in the oven and your heart in the deep freeze! It's a business transaction.... pure and simple!
 
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Will and Last Testament was short, and to the point. All assets in her name was to be liquidated, and distributed evenly among all 5 of her children.
My older Brother has expressed interest in purchasing her home(where we all grew up), not an issue with me, nor the 3 other siblings but, we doubt brother can afford it without all of us are willing to ‘give a deal’ on the purchase price.
How have others navigated choppy waters like this. 4 of us are in our 60’s, youngest brother is 53.
First off, I’m very sorry for your loss. Oh boy, that’s a toughie. You may end up resenting your brother later on if you “give him a deal.” A house is a pretty big-ticket item. A family member bought my Mom’s car after she died and I felt that she low-balled on the price. It sticks in my mind. Like others have mentioned here, maybe best not to do business with family, or friends. Take care during this difficult time.
 

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