Asked in Probate for South Carolina

Q: My son passed away in December of 2021. I am the administrator over the estate. My daughter has sold all of his persona

Sold all his personal property worth 116,000 dollars. How do I get it back. The estate has not been through probate yet

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1 Lawyer Answer
Nina Whitehurst
PREMIUM
Nina Whitehurst
Answered
  • Probate Lawyer
  • Crossville, TN

A: That is a terrible situation. I am sorry to hear you are going through this. Unfortunately, you probably cannot get the personal property back from any of the buyers unless you can find them and can prove that they knew or should have known that your daughter did not have authority to sell the property. What you can do is petition to open a probate case opened and to appoint you as administrator and then you can sue your daughter for theft or conversion of estate assets and, of course, for the cash that she received. You will need an attorney to help you with this. This is not a do it yourself project.

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