• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Selling Of Separate Personal Property

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

gtw

Junior Member
What is the name of your state? California

It has been over 5 months since the independent administrator has been determined by the court; with 2 legal heirs and surviving spouse, in an intestate estate, where all personal property and household contents are agreed by all parties to be separate property of the decedent, can the independent administrator sell the contents without the agreement of the legal heirs (surviving adult children) and can this be done before the official inventory and appraisal has been filed with the court? The estimated value of the estate sale would be very miniscule as compared to the overall value of the entire estate - that has adequate cash liquidity to cover all creditor claims. We have filed a formal objection to the estate sale, but I want to know what our rights are.

Also, items were removed from the estate that were the separate property of the decedent and put up for consignment with a vendor by the administrator od th eestate - is this legal without the official I & A being filed?

Thanks-
 


BlondiePB

Senior Member
gtw said:
What is the name of your state? California

It has been over 5 months since the independent administrator has been determined by the court; with 2 legal heirs and surviving spouse, in an intestate estate, where all personal property and household contents are agreed by all parties to be separate property of the decedent, can the independent administrator sell the contents without the agreement of the legal heirs (surviving adult children) and can this be done before the official inventory and appraisal has been filed with the court? The estimated value of the estate sale would be very miniscule as compared to the overall value of the entire estate - that has adequate cash liquidity to cover all creditor claims. We have filed a formal objection to the estate sale, but I want to know what our rights are.

Also, items were removed from the estate that were the separate property of the decedent and put up for consignment with a vendor by the administrator od th eestate - is this legal without the official I & A being filed?

Thanks-
What has YOUR attorney said about this?
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top