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Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 55717
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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Re: California Probate: As a beneficiary I received a Notice

Customer Question

Re: California Probate: As a beneficiary I received a Notice of Action to sell property in my Mothers estate. The Notice had an attached contract and info regarding the sale including the selling price. I agreed to it, along with three other family member beneficiaries, signed it and returned it to the administrator. A week later when the sale transaction was completed, we found that the buyer was different then the one in the Notice of Action and the price was $5000 lower. The sale has gone through according to the escrow company- is there anything we can do ? The administrator won't return our calls.
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Richard replied 2 years ago.

Hi there. My name is ***** ***** I look forward to helping you.

You're going to have a claim for breach of fiduciary duty against your administrator. The estate is not his personal piggy bank and the fact that he sent you a Notice of Action for your consent to the original sale evidences his awareness he needed to get your consent to a sale of the property. The fact that he then sold it for less than the sale you approved provides you with the breach of fiduciary duty cause of action. I would send him a letter by certified mail setting forth the foregoing and demand he personally make up each beneficiary's share of the $5,000 shortfall within a short specified period of time. If he fails to comply, file a petition with the probate court for the damages and to have him removed as administrator.

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