How can we stop a person from selling property that is in an estate when they have not been appointed executor?

Get Legal Help Today

 Secured with SHA-256 Encryption

How can we stop a person from selling property that is in an estate when they have not been appointed executor?

In NY – X is named as beneficiary and executor in Will that is being objected to for undue influence by X. X has not received or even applied for letters of administration, and probate is at least 2 years off due to the objections that are filed. X has listed the only estate property, a home, for sale with his real estate agent (his sister-in-law). The title is in the name of the decedent only. How can we stop this? Is this a basis for fraud in NY, or conspiracy to commit fraud? The agent knows that X has no authority to sell.

Asked on May 21, 2011 under Estate Planning, New York

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am sorry for your loss.  I know that you want to do something pro-active in all of this - and really you did with the objections - and I am not saying that you shouldn't advise the court that thi is going on and perhaps even ask for a restraining order.  But rest assured, the title can not be transferred except by Executor's deed so there will be no transfer unless and until authority can be proven to do so.  You may wan to call the New York State Board of Realtors as well and report the Realtor if you think that she is engaging in shady business practices.   Speak with your attorney who helped wit the objections.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption