What should a personal representative do when beneficiaries are disputing over real estate?
The duties of a personal representative in California are many. Unfortunately, the failure to properly carry out these responsibilities could potentially result in liability on the part of the personal representative. Personal representatives must be extra cautious where there is a dispute among the beneficiaries or creditors. This is especially true when beneficiaries are disputing over real estate. Real estate is one type of estate asset that can add complications when beneficiaries are disputing how best to deal with the property. If one beneficiary wants to sell and the other does not, what can the personal representative do to protect themselves?
The following is an overview of what to do when beneficiaries are disputing over real estate:
- Hire an experienced San Diego probate attorney to provide the necessary guidance.
- Order a formal real estate appraisal to establish a date of death value.
- Keep records of all written communication regarding the real estate.
- Present parties with their options regarding selling the home or keeping it.
- If the client requests, draft guidelines for the parties over the ownership of the property that covers such items as who will pay for what expenses and who will have a right to occupy the premises.
- Consider arranging a buyout of one spouse’s interest.
In conclusion, to learn more about the sale of real estate, read our article, Selling Real Estate: What You Need to Know During a Riverside Probate. It is all the more important to follow proper procedure given that one of the beneficiaries could consider filing suit against the estate. For additional guidance, contact an experienced San Diego probate lawyer today. Call our toll-free number at (888) 443-6590 for a consultation. Or fill our our Get Help Now form.