Legal Question in Wills and Trusts in California
Colleagues:
While I am an attorney [and answer many of the posted questions], I unsure how to proceed in the following probate situation and would appreciate any thoughts. I am representing myself [yes, the old adage is at least partially correct]. I am the sole beneficiary of my deceased brother�s estate. The situation unfolds as:
1. the administrator of the estate accepts a purchase offer [actually time to accept had already expired] on a lot solely owned by the estate, and sends out a Notice of Intention to sell the property at $X,
2. I object within a few days that the price is too low,
3. the offer is increased by $10,000, and I state I need some time to look for prospective buyers and will sign the consent unless I find someone
4. I search for possible buyers but none respond,
5. after about ten days from the date of the Notice the administrator insisted I could not delay any longer and must now sign the consent form,
6. I sign the consent form but add the note that it is for the $X + $10,000 sale price [a corrected Notice is never sent out];
7. Shortly after the 15 days period to object runs [deemed consented to if no objection within 15 days] a new buyer responses to me and offers to pay an additional $10,000;
8. I relay the new offer to the administrator but he decides not to run the risk of being sued by the buyer who made the original offer and goes through with escrow and the property is sold,
9. The buyer I found is willing to �over bid� at a probate hearing.
Question: what can I do to try to get the extra $10,000 into the estate? Is there any reasonable chance for me to get the probate judge to rule the sale was in violation of the Notice requirements as the Notice was issued for an offer that was superseded and effectively withdrawn? Would I be able to get the sale of the property reversed and a hearing for the over bid to be made? Am I stuck with trying to argue at the end of the probate that the administrator should be surcharged [and is there significant likelihood the judge going to consider my argument or rule in my favor]?
Thank you very much.
2 Answers from Attorneys
Your question fails to indicate whether the administrator has limited or full powers? If the administrator has limited powers then the sale is subject to court approval and bids are accepted at the hearing after notice of sale. If this is the case, then you have no problem. If the administrator has full powers, then no court supervision is required and you had to respond within the time set for by the notice of intent to sell. Your question states that since no written objections were received by the administrator he went through with the sale. The written objection you put on the form is not an objection. If you presented the administrator with a written offer that might make sense. Written objections are filed with the court. Oral objections are likely not to be considered by the court. There is also a chance that the buyer is a BFP and the only recourse if the court finds malfeasance by the administrator is a surcharge against the administrator. Did the sale meet or exceed the value established by the probate referee? Failing to meet or exceed the probate referees valuation may be ammunition for an objection filed with the court regarding malfeasance. However, the judge may not be overly receptive in this economy where house prices have steadily declined.
Did the Administrator give a Notice of Intention to Sell or a Notice of Proposed action? In any case, you need to get the client (sic) to a knowledgeable probate attorney to go over the specific facts and who will give specific advice.
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