What An Executor Can Not Do During A Probate Sale

As an Executor of a Probate or an Administrator of a Trust, there are certain things you MUST do and certain things you absolutely can not do and we outline it here.

Aside from having to deal with the death of a loved one, you must now legally be in charge of and responsible for the assets of that estate. Usually one of the biggest and most draining parts of the probate process in Orange County is when you have to sell a house in probate in Orange County.

You may have many questions about the probate process or need access to multiple reliable resources. The same goes for someone trying to sell a house in a trust in Orange County California.

Anthony's goal is to simplify the process for you with services like Free Clean Outs, Free Photo and Video Inventory or recommend the best probate attorney near me.
And then ultimately get the absolute highest price possible for the house regardless of condition so the beneficiaries can enjoy the legacy that was left to them.

Need guidance with your property in probate or a trust?

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Orange County Probate Court:

LEGAL DISCLAIMER
I am NOT a lawyer or tax professional. The presentations reflect my own understanding of the underlying subjects. However, the presentation is based on my professional experience in the field of real estate. The information contained herein should NOT be used as a substitute for the advice of an appropriately qualified and licensed attorney, tax professional or contracted real estate agent/broker. The information provided here is for informational purposes only. You should consult with a professional to seek legal advice regarding your exact circumstances.

[trishredding]

I've been appointed executor of my aunt's estate. There are 6 equal beneficiaries. I'm reading all these horror stories and am thankful we're all in agreement. I'm constantly updating everyone on the status of probate. They know I will follow every rule and will disperse probate assets at the proper time. They also know how much work I'm putting into this. No estate is worth destroying a family over.

[rhymereason]

It is disgusting how many family members descend upon the decedent's home like vultures.

[BobChurch-fbjo]

My sister and I are the only heirs to My dad's estate. I was picked the executor. We decided it would be a better idea to hire a probate attorney to act as executor. For the fact that we would both have harsh feelings if the other one of us had the responsibility. Well he sent the trash clean up crew/ metal scrappers through before any inventory was done and never secured the estate with new locks! Or even locked the house at all. The garage door was open for weeks after I was evicted from the house. The stole crushed or scrapped everything in the garage or outside . $50, 000 worth of tools welders motorcycles and equipment are missing or trashed. I need help stopping this maniac that I gave all the power to!!! Please help. I'm in Colorado.

[ladybug]

I’ve heard of too many stories of dishonest or power hungry trustees - I think jn most cases it’s best not to name one child as a future trustee bc of the sibling dynamics that can come into play, have a trustworthy close friend or professional trustee but having one sibling as trustee w all this power lends itself to trustee abuse their position

[Sultan]

My sister is the executor. We did not have a reading of the will, two years later i still dont know how much moms estate was worth. Have received two checks and as far as i know there will b no more. She has NOT been forthright about anything. I asked how much taxes was paid, she said she didnt know, mom wanted her living kids to divide equally, sister decided to pay for a deceased sisters burial, (she died 9 days before mom) sisters husband is a millionaire, he should not of received a plug nickel from moms estate. Moms estate was not responsible for burying sister. She didnt ask my brother or i if we wanted to pay, she just decided. She even went against moms wishes and had her embalmed, even though mom didnt want that. If i hire a lawyer of course i m the bad guy. Even though she is a thief and a liar. I dont know how much she paid herself for being executor. I dont know moms lawyer either to even go thru them. You give some ppl a little but of power and they let it go to their head.

[psdaengr]

Limitations over handling disposal of assets applies to remaining assets that are not automatically transferred to a beneficiary upon death. Those are the only assets requiring probate. In many states a will that has been filed before death with the relevant Court and names an executor is authorization to proceed with securing personal effects, to contact creditors and debtors of an estate, contact banks and insiurance companies, and if the decedent was a tenant of a rental unit without a long term lease, to secure the contents and relocate them if necessary to reduce rental costs.

[nyanates]

Recently appointed PR/Executor here for my (recently deceased) dad’s estate in Florida. You touched on this but I’d emphasize that before ANYONE accepts someone’s executor request would be to ensure there will be provisions made upfront to pay for everything during probate. A scenario where all assets are ToD and there’s no trust set up could leave the estate insolvent and the executor personally responsible to cover the debts. A forgotten RMD, significant medical bills, income taxes, limited pension distributions, difficult beneficiaries and understaffed probate judge positions can quickly eat into your pockets and likely extend the probate process through compensation litigation. Yep, a fun Pirates Of The Caribbean adventure romp this will not be.

[jimmoravec]

Time for the facts

As the executor/trustee their fiduciary responsibility is follow the instructions of the will, trust or both and keep the beneficiaries best interest valid.

If a beneficiary has an issue with the executor and cannot afford to hire legal representation against the executor then the executor is not being challenged and can do whatever they want to do.

These matters do not automatically end up in probate court in-front of a probate judge it doesn’t work like that.

In the event of an executor/ trustee is mishandling money or assets or completely keeping a beneficiary uninformed about any information or not giving the beneficiaries their inheritance because the will or trust instructs the executor to do so but fails.

Don’t be under the impression that the court is going to jump in there on your behalf and set things straight it doesn’t work that way.

Can you file a complaint against the executor on your own behalf ?

No, you have to have legal representation.

Only an attorney can file documents to the probate court.

Again if you cannot afford to hire legal representation against the executor/trustee will have the authority to do whatever they please.

These are not opinions and are based on solid facts.

[rice]

My uncle is the executor of my father's estate, there are four beneficiaries, from the start the executor was gaslighting and slandering us, allowed others who weren't named in the Will to help themselves to contents of the home, but worse has committed fraud and stole the home for himself using his son as the buyer, when I spoke with my cousin about this, he said he tried to get out of that deal with his Dad, but that his father (executor) would not let him. Can I sue executor and my cousin? This was two years ago, none of the beneficiaries received a nickel, however my uncle is collecting rent for the house.

[RowenMyBoat]

’m in TN and my brother died two years ago without a will. No wife, no children, my two sisters and
I were designated the heirs. The three of us decided to give POA for our youngest sister to be assigned as Administrator. Big mistake. She is the busiest one of us all, is an artist with no business sense. I am the business major. Through texts, the three of us made decisions and talked things over. Her and my bipolar older sisters who has always resented me, turned down what I thought, and friends who heard too, some sound business things that could have brought us more money.

They both pretty much stopped talking to me last year and I was not involved in any decisions after a point, I still don’t even know what happened to two of his vehicles I made offers on. Probate hearing coming up in September. Will I have a chance to speak? Like if I made an offer on three vehicles, and they were sold elsewhere, why, for the benefit of the estate, was I not given an opportunity to counter the other bid. Shouldn’t this be the objective of the Administrator, to make the most lucrative decisions about the estate? For the benefit of all three of us?

After I made my offer on the vehicles, the next time I went to my brothers house, they had relocated them all, and I’ve yet to hear what they were sold for and to whom. Someone said since we waived to inventory the estate, we may have waived the right to see the details of the final accounting of where money came and went.

I don’t want to act like a resentful sister in court, if I am allowed to speak, but I feel numerous decisions were made to spite me, possibly making the same money, but not giving me an opportunity to offer more, or to pay the same so I could flip some items and make a profit, which was done in two cases, I wasn’t given a chance to counter so I could fix and flip. I first asked to do this for the benefit of us all, but when rejected by both sisters, I made my own offers so I could make a profit.

Will I get a chance to speak and what do you suggest my demeanor be? Thank you for any guidance.

[nickhill]

I am going to contest my father's will because I feel like my sister talked him into leaving his house to her children (my father's grandchildren.)
I wouldn't say anything if my father and his grandchildren had a close relationship but they don't.
They might visit around their birthdays and Christmas with their hands out.
Virginia here.

[Bettylala]

Why bother with a living trust when the executor is going to get away with with anything they want because probate litigation is where most will end up. It eats every cent of the estate and not worth it.

[reginaldmitchell]

I lost my mother on this year, February 22nd, 2022 and coming to find out that Mom had a trust in trusting things would go right in leaving things behind. Mom, on her death bed mentioned that she's leaving the building to her Children, but made my sister the power of attorney. The building amongst my sibling was given to me verbally and announced me being the oldest brother would be taking care of mom building. I addressed my sister to draw up a document with my name, wanted to know my role in living in mom's place and nothing was given, in putting a little fire under her feet, I mentioned that I would not pay the mortgage until I get something in writing, after that been said she put the building up for sell without communicating with me or my siblings. What can I do?☹🙁😟😕

[albundy]

I heard about a 90% of appraised price rule for properties in probate. What is that exactly? Not sure if it is different here in the OC (costa mesa to be exact).

[tanis]

my family member who had POA never told the banks or filed the trust with the attorneys and is now claiming he was the sole heir of the estate. My dad died of senile degenerative brain function and I can;t believe he is saying now there was never a trust. How could he do this when I know where the trust originated from? I mean there is a trust and we both went over it together when dad was sick and now he is claiming he is the sole heir. I am so frustrated with the lies and theft of over 150K

[millerdarryl]

Hello There, my brother will soon be appointed Administrator of my mom's land, my sister and I have been paying the property taxes and maintenance fees for the last 40 years. Are we in titled to reimbursement?

[markpedroza]

Here in CA if there is no will the PR (Personal Representative) files for Letter's of Administration and can sell the decedent's property if all heir's agree on the sale price. The PR would then file for "Notice of Proposed Action"..

[wickedbird]

😮😮good advice. My sweet mom stepped in and had my brother start cleaning out her sister’s house and was giving away stuff to all 5 of us kids to make it fair. She was trying to help but the reality was that my Aunt left Everything to me. Lol. She is lucky that I have no children and planned to give all family heirlooms to my sibs who have kids anyway.

[tonybalz]

I am a Nebraska resident. I was named as the personal representative and my brother was named as the executor. What's the difference between these roles?

[valondahooks]

What would happen it an executor of a person’s Will that has not been appointed as administrator sell one of the houses in the estate? The beneficiary’s do not agree with the executor being the administrator because they cannot be trusted. The beneficiary’s have proof that the executor sold the property acting as the administrator.