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Administrator of Estate removal

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teddluke

Junior Member
What is the name of your state (only U.S. law)? California

I am a third party to a case that involves the sale of my house. (See my postings in the Real Estate- Other for more details) To sum up, my wife and I bought a house from a seller who is the Administrator to the Estate. The sale was in question because the Estate Attorney said that she did this illegally. I have contacted an attorney and was able to confirm that the sale was on the level.

The Estate Attorney has filed a petition to have the seller removed as Administrator to the Estate per request from a direct heir to the decedent and a new one to be appointed. (The seller was not a direct heir.) According to the Probate report I have access to, all the proceeds from the sale of the house are now frozen, and a hearing is set to review the petition.

My question is what happens next? I am speculating that the Estate Attorney has enough evidence that she overstepped her authority and committed an act (the sale of the house) that went against the estate. Would it be enough information for a judge to say yes this house was sold under false pretenses/ without proper approval from the Estate/ violated the set Administrator's rights and dissolve the sale of the house?
 


anteater

Senior Member
For convenience, here is a link to the other thread:

https://forum.freeadvice.com/other-real-estate-law-questions-11/can-they-do-512881.html#post2542801

Would it be enough information for a judge to say yes this house was sold under false pretenses/ without proper approval from the Estate/ violated the set Administrator's rights and dissolve the sale of the house?
I am not in California and without digging through the CA Probate Code right now, I would have to say that I can't see the sale being voided as long as the buyer exercised due diligence in confirming that the seller was properly appointed by the court to administer the estate and presented the proper letters as evidence of that appointment.
 

teddluke

Junior Member
Long overdue update

Super long story short: we got to keep the house! After all the legal dust settled, I contacted the new family estate executive and his attorney and asked what their intention was to do with the situation- undo the sale of the house or not. They went ahead and honored the sale of the house and did not pursue actions to undo the sale of the house. Waited several months for that answer and am happy over the results.
 

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