Legal Question in Wills and Trusts in California

Can a administer with limited powers sell a house if the two heirs had verbal contract one could buy the other heir out. Also she sold as three bedroom it is 4 bedroom is their grounds for mistrial in probate court?


Asked on 1/20/14, 1:38 am

3 Answers from Attorneys

Michele Cusack Pollak & Cusack

If the personal representative of the estate has limited powers s/he should not have been able to sell real property without court approval, as well as notice to beneficiaries who would have a chance to object. An oral agreement regarding real property is probably not enforceable, however.

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Answered on 1/20/14, 9:57 am
Victor Waid Law Office of Victor Waid

In further agreement with Michael Cusack, I would suggest you obtain beneficiary probate litigation counsel to represent you in this proceeding to protect your interest in enforcing the terms of the probate orders of the court.

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Answered on 1/20/14, 12:53 pm
William Christian Rodi Pollock

You need counsel. Such a transfer should be done with court approval, [resumably based on beneficiary consent, to protect the fiduciary.

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Answered on 1/21/14, 10:19 am


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