Legal Question in Wills and Trusts in North Carolina

how to stop a administrator from selling a deceased property


Asked on 1/31/14, 8:09 pm

1 Answer from Attorneys

You do not post enough details. First, there is an administrator. Is there a will? If there is no will, what is the administrator trying to sell? Has the administrator obtained permission from the court? Why is it necessary to sell?

The answers to these questions may indicate if the administrator is acting properly. If the administrator is abusing his/her authority, you would have to file a petition in the court to have the administrator removed or to get some kind of injunction preventing the administrator from disposing of assets.

You are going to have to contact a probate litigation attorney who practices in the county/state where the estate is pending and discuss the case. The attorney will need to review the estate file which would contain any will, the letters of administration and the inventory/preliminary inventory filed by the administrator. You do not indicate how long the estate has been open but if its been awhile there should be a notice to creditors as well as an accounting.

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Answered on 1/31/14, 9:46 pm


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