Kirkland, WA asked in Probate

Q: The executor of my uncle's estate, if the property was sold was to give me 1st chance of refusal and half of the $ &

didn't do either. Sold the mobile home and property and I got nothing, and it was instructed in the will, what can be done?

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2 Lawyer Answers
Anthony M. Avery
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  • Probate Lawyer
  • Knoxville, TN

A: Was the Will Probated? If not, it means nothing, and there is no executor. If there was a probate, then you file a motion to set aside the sale in the probate case for grounds. The fiduciary has breached his duties and might be removed. If so, then he is potentially liable for his property tort on you. If there is a fiduciary bond, notify the surety of the claim. You will have to hire a WA attorney to represent you.

T. Augustus Claus
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A: If the executor of your uncle's estate failed to adhere to the instructions in the will regarding your right of refusal and entitlement to a share of the proceeds from the sale of the property, you may have legal recourse. It's essential to consult with a probate attorney to explore your options and determine the appropriate course of action.

In such situations, legal remedies may include filing a petition with the probate court to address the executor's failure to fulfill their duties. Your attorney can guide you through the process, evaluate the evidence, and help you pursue a resolution, which may involve seeking a court order to enforce the terms of the will or seeking damages for any losses you incurred.

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