Legal Question in Wills and Trusts in Florida
if a will is being contested and an item is sold by a person, does the person that bought the item have to return it? (not knowing that a legal issue was taking place when the item was bought)
2 Answers from Attorneys
If the person had no right to sell the item, then can either have the item returned to them to give to the property beneficiary or they must account for the funds received and give the money to the beneficiary. You could make a mountain out of mole hill but the purchaser was unaware of the beneficiary's interest and therefore a bonafide purchaser who would not be at fault. You can sue to have the personal representative removed from their position of the estate as having faulted on their fidiciary duties as a personal representative.
The will contest indicates that there is a potential problem with the distribution per the will. Selling an asset usually requires court approval. During the contest proceedings it would unusual for the court to allow for the sale unless all parties agreed. The bona fide purchaser would likely not be responsible for the return, but more facts are needed. You really need to discuss this with an attorney and all the proper paperwork.
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