What constitutes breach of an executor’s authority?
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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 13 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.
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