question about executor of estate for a probate case?
incacorporation asked:
Hi, Id like to know, if I am an executor over an estate, and the letter of authorities have restricted me from selling any items like the car, or house, what can happen to me legally if I do. For instance, the home in about to go into foreclosure, and I have someone to purchase it. I know I am suppose to get permission from the court, but what will happen if I dont get permission. Also, there is a car that is paid for that I can sale. I am the husband of the deceased wife, who had the car and it is paid for. What can happen to me if I sale it even though the court said not to? Can I get in trouble with criminal charges or only civil? Or both? Or not at all?
Chung Fanelle
Hi, Id like to know, if I am an executor over an estate, and the letter of authorities have restricted me from selling any items like the car, or house, what can happen to me legally if I do. For instance, the home in about to go into foreclosure, and I have someone to purchase it. I know I am suppose to get permission from the court, but what will happen if I dont get permission. Also, there is a car that is paid for that I can sale. I am the husband of the deceased wife, who had the car and it is paid for. What can happen to me if I sale it even though the court said not to? Can I get in trouble with criminal charges or only civil? Or both? Or not at all?
Chung Fanelle
You should contact your attorney for advice. That is what he is being paid for.
You are the executor and you are bound by the letters of authorities, if you sell any of the property that you are not supposed to you can be charged with failure to obey a court order. Take your case before the courts, show them the house is ready to go into foreclosure and that you have a willing buyer.
Your job is to distribute the assets of the estate, you can be held financially responsible for any items listed that are missing.
It would be wise to talk to an attorney regarding this to CYA (Cover Your A&&)