Legal Question in Wills and Trusts in California

Merely as an executor/executrix [the person named in the Will as a candidate to take care of the assets] she wold not have had the power to sell the assets or basically do anything with the estate. Only once the Court appointed her as personal representative, administrator, etc., would she have the authority under court supervision [which normally is a rubberstamp of approval] to disposs of any of the properties.

Her not finding out that there were other heirs [which of course was to her benefit] should be enough to have the Court remove her as administrator, but unless one of the other heirs can win the court's approval of substituting for her, an independent administrator will be appointed and is entitled to a fee based upon the value of the property. Whether you can void the sale is unclear. You probably would have to show that the buyer knew it was too cheap a price to be fair to the estate as otherwise the Court might say as an innocent purchaser he/she is entitled to keep the property. If she has not already spent the funds from the estate, you could recapture some money from the Aunt, but she probably has already hidden nearly all of the value of the estate. If she took out a bond you could collect from the bonding company.

I do not know if the Judge would let you challenge the amount of the sale's price. You would have to argue she had no power at sell it, no notice was given to the three other heirs, the price on its face seems low, etc. Even if the Judge says he wlil not void the sale, yo want to show that the sells price was to low iln order to go after the Aunt for the amount you lost and perhaps also for IRS purposes to argue that you lost that sum of money through fraud/thief so should be able to claim it as an itemized deduction on your tax return.

I am unsure from the facts you state as to whether the Court has approved the sale or not; if it has not, you definitely should file an objection [they will now charge you $350 for each motion, objection, etc. filed] and appear at the hearing set to approve the sale and tell the judge why you are opposed. Make sure that you have good evidence, including comp., declaration from a local realator, listings and recent sale price from MLS, Zillow, etc., photographs, to pursuade the Judge. You can not write a letter to the judge; you can only send in formal writings and a copy must go to each person with an interest in the sale.

It will not be an easy task and you mlght want to hire an attorney on an hourly basis only for the parts that are difficult.

Good luck.