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