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Updated over 3 years ago on . Most recent reply

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James Atlas
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Wholesale an estate my family is the executor of

James Atlas
Posted

In situations like this, it’s pretty great not be the first person ever to come up with the idea. So hopefully you could help me a bit. 

We live in New Hampshire and my mother was named the executor of an estate of a late family member. The assessed value of the late family member's house is $300,000. The fair market value is around $380,000. Can I start a wholesale LLC, have the executor sign me the contractual rights to sell the property, find a buyer for $380,000 then pocket the difference? There's a huge supply shortage of sellers in the area right now, so finding a buyer for the value should be pretty easy.

But I feel like this is too good to be true. Am I missing something?


-J. Atlas

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Chris Martin
  • Investor
  • Willow Spring, NC
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Chris Martin
  • Investor
  • Willow Spring, NC
Replied

James, do you always think about how to defraud other people, or just close family? 

Insist the executor act in good faith and list the property on MLS and get an arms-length transaction. I'd hate to see you or others prosecuted. "a fiduciary shall administer a trust or estate impartially, based on what is fair and reasonable to all of the beneficiaries" NH 564-C:1-103 Fiduciary Duties; General Principles

Disclaimer: I'm not an attorney in any state. The above is not legal advice, but for entertainment purposes only. Questions? Get your own legal counsel. 

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