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Can a PR legally sell estate items a garage sale when I, as an heir, have never been given access to take what I wish to have?

Columbia, SC |

The probate judge issued a court order giving me unfettered access to the estate, but the PR disobeyed the order and never let me have such access.And, I let the court knows she disobeyed the order. Now, I have found out she held an estate/garage sale less than a month ago without even notifying me! And, what are the legal ramifications per the SC Code Laws?

Attorney Answers 3

  1. You should consult an attorney in Columbia about this with due speed, and take all of your paperwork to the consult. An order granting access, is not necessarily an order of distribution allowing you to pick and choose items that you want. If the Will granted the PR the power of sale, the PR may well have had the right to conduct an estate sale without your permission, but the specific language of the order you received will control the situation.

    This answer is for general advice and does not create an attorney client relationship with James Mosteller or the Mosteller Law Firm LLC.

  2. I agree with my colleague. A PR would normally have the right to sell these items in this manner. If that right has been restricted by the judge, then the judge would need to determine the sanction for violating his/her order. You should act as quickly as possible, because I have been involved in cases where the judge did not penalize someone for violating his order because the complaint was not made quickly enough.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!

  3. I agree with my colleagues as well. Find a probate attorney who practices in the Columbia area as soon as possible. Use the Find a Lawyer feature on this site. Just because you have access does not necessarily mean that the personal representative cannot liquidate the assets. It will depend upon a number of factors with the language in the will and the orders being large factors. Good luck!

    If this answer is helpful or you feel it is the best answer, please click that option. This response is for general informational purposes only and not for the purpose of providing legal advice. The writer is only licensed to practice law in TN. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the answers by the named attorney do not create an attorney-client relationship between said attorney and the user or browser.

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