What happens if estate property is sold if there is still pending litigation in the probate court?
My sister, the executor of my father's estate, is going forward with selling my father's home although there is pending litigation in reference to the distribution of his assets. Her real estate agent says that it's none of her business and is putting up a sign tomorrow. Is this legal? Should we file a petition for restraint? What could be the ramifications?
Selling a major portion of an estate (a home always is) should be of concern to the court, especially when a) your sister is the executor and clearly not realizing the legal authority of the court and b) when it could not only impact the litigation outcome but also cause more expense to the estate and thus impact the beneficiaries even more.
The beneficiaries should file a petition in court but do not do so until you obtain an attorney. The estate attorney you get or consult with should be one who has a great amount of experience with representing beneficiaries in contentious estate matters. You can go onto the state bar's website or even check local county bar associations for attorney names.
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