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    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #21

    Oct 8, 2008, 04:42 AM
    Quote Originally Posted by ScottGem View Post
    Ok, so the estate was submitted to probate. But you still haven't answered the question about the extent of the estate. You have mentioned that you have settled all outstanding debts. But where did the funds to do so come from? That all goes into the total value of the estate.

    If the three sisters advanced their own funds to pay off the debts, then they need to be reimbursed from the proceeds of the estate.

    And you can't use the tax assessment value in valuing the estate. That would be a violation of your fiduciary responsibility as an administrator. You have to get a real appraisal of the property.

    So here's the sequence of events.

    1) determine the value of the whole estate.
    2) reduce that value by the debts owed by the estate.
    3) further reduce that value by costs of administering the estate, e.g. atty fees, appraisal fees, etc.
    4) determine the value of each heir's share

    Once this has been done, you can decide how to fund the disbursement. The remaining heirs could buy ot the one heir who wants to cash out now. Or a portion of the property could be sold to provide that amount.

    Nicely summed out - all these posts later, I think we're back where we started. It seems to me that this family really needs the advice of a knowledgeable Attorney.

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