In this episode of Absolute Trust Talk, host Kirsten Howe welcomes real estate expert Nathan Jines from Jines Real Estate Group, Keller Williams, to discuss the complexities of selling real estate in a probate or trust administration. When a homeowner passes away, managing the sale of their property presents unique challenges, from family dynamics to market positioning. Nathan shares firsthand insights on navigating these transactions while ensuring a smooth process for grieving heirs.
Key takeaways include the importance of professional guidance, how family relationships impact the selling process, and strategies for maximizing property value. Nathan also highlights real-world examples, including a recent case where pre-sale improvements increased a home’s sale price by nearly double. If you’re handling a loved one’s estate or considering future planning, this episode provides invaluable insights on protecting assets and ensuring a successful sale.
Time-stamped Show Notes:
0:00 Introduction
0:36 Real estate expert Nathan Jines shares his experience in handling estate property sales and why the right professional guidance matters.
2:20 Next, Nathan discusses the emotional challenges of selling inherited property, including grief, sibling disputes, and decision-making struggles.
5:29 Listen to this case study, a real-life example of an estate sale where an executor struggled to find consensus with their siblings and how professional mediation helped.
12:12 Nathan explains how strategic pre-sale improvements can significantly increase a home’s sale price, ensuring the best return for heirs.
19:08 Kirsten and Nathan share insights into what today’s buyers are looking for and how estate sellers can position their properties for success.
21:52 Did you know about these legal disclosure requirements and how cultural beliefs can impact the buyer pool?
26:49 Final Advice for Executors and Trustees: Nathan and Kirsten share their top recommendations for handling estate real estate sales smoothly and efficiently.
Get in touch with Nathan Jines!
Jines Real Estate Group
nathan@jinesrealestategroup.com
(510) 220-4714
Transcript:
Hello and welcome to Absolute Trust Talk. I’m Kirsten Howe, the managing attorney at Absolute Trust Counsel. Today, we’re going to discuss real estate. I’ve covered real estate in previous episodes because it’s such a crucial aspect of estate planning – you really can’t overlook that. We’ve explored real estate from various perspectives, but recently we’ve focused on selling real estate during probate or trust administration, which occurs after someone has passed away. Given how frequently this arises, we thought it would be beneficial to delve into it in greater detail.
Since I’m not a real estate expert, I’ve invited a colleague to join me—Nathan Jines of Jines Real Estate Group, part of Keller Williams. Nathan is incredibly energetic and a people-loving person who covers the Bay Area real estate market. He sees challenges as opportunities, which I truly appreciate. I’ve seen him in action—he’s wise and fully committed to getting the best results for his clients. Today, we’ll talk about one of the transactions we’ve worked on together to illustrate his approach.
You sell real estate of all kinds, but today, we’re focused on real estate sales that happen after someone has passed away. But just for the record, you don’t have to die to become one of Nathan’s clients! He works with the living as well. However, for today, we’ll focus on post-death transactions. Let’s start by discussing some of the challenges you encounter when selling a home in a trust or probate situation.
The biggest challenges revolve around the relational dynamics of those inheriting the property, whether it’s an executor managing the estate alongside siblings or a single executor handling things alone. Grief plays a significant role—these individuals have just lost a parent or loved one. As they work to settle the estate, they must also navigate the emotional toll of making critical financial and legal decisions.
Selling a home as part of probate or trust administration is completely different from a standard real estate transaction. If I, as a homeowner, decide to sell my house, it’s simple—I make all the decisions, and there’s no back and forth. But in these cases, there’s often a complex family dynamic at play.
When a trust is involved, there’s an executor—or sometimes multiple executors—who may or may not have a healthy relationship with each other. The passing of a parent brings all family dynamics to the surface, and emotions run high. This can significantly impact decision-making and the entire process.
As estate planners, we try to advise against naming multiple children as co-trustees because we’ve seen the potential complications firsthand. Even when there’s only one executor, they might still be influenced by their siblings, which can slow things down or cause unnecessary conflict.
I recently handled a case where one executor was named, but two siblings were also beneficiaries. They hadn’t all been in a room together in years, yet they were suddenly forced into a business relationship. The executor wanted to keep the peace and ensure her siblings were on board, rather than just making decisions unilaterally. This led to a lot of conversations, mediation, and guidance.
These transactions aren’t just about selling a house—it’s about navigating grief, family tensions, and financial decisions. A big part of my job involves listening. I’m not a licensed counselor, but I spend a lot of time hearing families out. Grieving individuals need space to express their emotions while also making critical business decisions. When necessary, I refer them to attorneys who can provide clear legal guidance. In one case, two siblings wanted to buy out the third, while the third just wanted to sell the house entirely. It took careful negotiation to reach a fair agreement.
On top of the emotional challenges, selling an inherited home also involves strategic decision-making. Many homes are sold below market value simply because the heirs don’t want to deal with the hassle. But I take a different approach. I work with my clients to ensure they get the best possible price for their property.
In one recent case, the home might have sold for $600,000 or $700,000 in its existing condition. But by making some key pre-sale improvements, we were able to sell it for over $1.1 million. That kind of return significantly impacts the heirs’ financial future. That’s incredible. It’s proof that strategic planning and having the right professionals on board can make all the difference.
In addition to financial concerns, many heirs are also navigating unfamiliar territory when it comes to real estate transactions. Most have never been through a probate or trust administration before, so they don’t know what to expect. This adds to their stress and can make the process even more overwhelming.
Another factor to consider is the market itself. Many homes that go through probate or trust sales haven’t been updated in years. They might need repairs, cosmetic improvements, or other upgrades to attract the right buyers. While it can be tempting for heirs to sell quickly and avoid the hassle, taking the time to make strategic improvements can lead to a much higher sale price and a better financial outcome for everyone involved.
This brings us to an important topic—market conditions. Today’s buyers, particularly first-time home buyers, have different expectations than those from previous generations. They often prefer move-in-ready homes and may be reluctant to take on a project, especially if they’re using all their savings for the purchase. This means that sellers who invest in necessary repairs and improvements before listing their homes will likely see a higher return on investment.
We had a case where an executor was initially going to sell a home as-is. However, after discussing the market conditions and potential benefits of pre-sale improvements, they decided to invest in key upgrades. We connected them with the right resources, and the results were impressive—the home sold for far more than it would have in its original condition.
It’s also important to consider cultural factors when selling a home. In some cases, a home where a person has passed away can be more difficult to sell due to certain cultural or religious beliefs. This is something that must be disclosed to potential buyers in California, and it can affect the pool of interested buyers. Understanding these nuances and having a strong marketing strategy in place can help mitigate potential challenges.
At the end of the day, having the right professionals involved in a probate or trust real estate sale makes all the difference. Executors and heirs don’t have to navigate this process alone. By working with an experienced estate attorney and a knowledgeable real estate professional, they can ensure they’re making the best financial decisions while also managing the emotional aspects of the transaction.
If you’re dealing with an estate that includes real estate, the best thing you can do is seek professional advice as early as possible. There are strategies that can help maximize the value of the property and reduce stress for everyone involved. Whether you’re an executor, trustee, or beneficiary, surrounding yourself with the right experts will help you achieve the best possible outcome.
Thank you so much for joining us for this episode of Absolute Trust Talk. We hope you found this discussion valuable, and we look forward to bringing you more insights on estate planning and probate topics in future episodes.
Resources Related to This Episode:
- Absolute Trust Talk Ep. 156 Probate Alternatives: Real Estate Affidavits and Succession Petitions Explained https://absolutetrustcounsel.com/156-probate-alternatives-real-estate-affidavits-and-succession-petitions-explained/
- Absolute Trust Talk Ep. 141 Managing Real Estate Assets as a Trustee https://absolutetrustcounsel.com/141-managing-real-estate-assets-as-a-trustee/
- Absolute Trust Talk Ep. 120 Solutions to Common Real Estate Issues https://absolutetrustcounsel.com/120-real-estate-problem-solving-101-with-steven-kahn/
- A Will is Not Enough – Securing Your Legacy with Estate Planning Life can change in an instant. A will is not enough to be prepared. Get free access to our actionable E-book Guidebook #1 and start protecting your legacy today. https://absolutetrustcounsel.com/guidebooks/
- Learn how to comfortably define gray areas and assess your unique needs to build a secure future now effortlessly. Check out Guidebook #2, Estate Planning Beyond the Basics, here > https://absolutetrustcounsel.com/guidebooks/
- Get our free introductory guide to the most used estate planning tool, family trusts, and understand how we plan to help protect your family. Guidebook #3: https://absolutetrustcounsel.com/guidebooks/
- Absolute Trust Counsel would love to offer access to our Incapacity Planning resource page: https://AbsoluteTrustCounsel.com/Incapacity-Planning/. We’ve collected our top planning information all in one place so listeners can find videos, guidebooks, blog posts, and a host of information with tips and strategies on implementing, planning, and protecting themselves and their loved ones.
- We’re pleased to provide a library of e-books to address common estate planning questions and concerns in practical, easy-to-understand language. https://AbsoluteTrustCounsel.com/Resources/.
- ASK KIRSTEN: If you’d like Kirsten to answer your question on the air, please email her at Info@AbsoluteTrustCounsel.com.
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