What constitutes breach of an executor’s authority?

Get Legal Help Today

 Secured with SHA-256 Encryption

What constitutes breach of an executor’s authority?

I was high bidder on a estate home at public auction which was listed in a local paper as required. There was no reserve price set. I paid the money required to bid and signed all the documents and was going to settle the balance this week. The house was appraised at $92,000 and I bid $25,000; I was the only bidder of 8 people present including my lawyer. The house had been listed by a real estate agency for almost 3 years without even 1 offer. The house needs major repairs but is livable. I just received a summons by the Register of Wills to show why Ishould be able to buy this home. Is this legal? I recently married the executor of the property who I have been engaged to for almost 2years. If the sale doesn’t go through will my deposit be returned?.

Asked on September 19, 2010 under Estate Planning, Maryland

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Well, on the outside looking in there appears to be an "appearance of impropriety" given your relationship with the executor, who is now your wife. You have to disprove your claim and if you had an attorney present and all the records showing that you were the highest bidder at a public auction then you should be able to rise above the allegation.  Just make sure that all your "ducks" are in a row and that everything is on the up and up.  Have your attorney prepare the necessary documentation to answer the summons and ask for attorney's fees or in the alternative, return of the deposit. But really it appears as if you did nothing wrong if it was indeed a public auction with an impartial auctioneer.  Good luck.  


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption