What are a beneficiary’s rights regarding the distribution of the estate?

My dad passed away and left his estate equally to his 4 children. However, my sister and I just found out yesterday that my brother is holding an estate sale this week. I live almost 2000 miles away and my sister was never notified by the attorney handling it or our brother who planned the auction himself. Does my sister and I have a right to have the auction stopped since we are all supposed to sign for everything?

Asked on December 2, 2013 under Estate Planning, North Dakota

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

First you and your sibling should have been advised weeks in advance about the euction of your father's estate by the estate's attorney and executor in order to make sure that certain assets subject to the auction were in fact not specifically given to a family member. Whether or not you can have the auction stopped depends upon whether proper protocol is being done. I suggest that you consult with your own Wills and trust attorney. One can be found in your locality through attorneypages.com if you do not have one.


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