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

UPDATED: May 21, 2011

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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


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

Answered 11 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.

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