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?

Asked about 1 year ago - 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. James D. Mosteller III

    Pro

    Contributor Level 13

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    Answered . 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... more
  2. James P. Frederick

    Contributor Level 20

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    Answered . 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. ******... more
  3. Gary Todd Dupler

    Pro

    Contributor Level 14

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    Answered . 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... more

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