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kiki50

"trapping" by estate auctioneer/estate attorney slander

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any legal info on estate auctioneer 'trapping" legal heir with price setting on personal property items already noted in court to belong to him? also estate attorney hired by older sister who is executor failed to submit any documents regarding bills, insurance, mortgage statements, medical, etc for equal heir to review as ordered by judge.  judge of probate in this court actually previously represented this heir before in criminal case which is grounds for recusal? judge did not make executor or the attorney provide these documents even after he ordered them to do so...atty slandered heir in open court and on written petition, estate closes probate in march, 2018.  can heir sue lawyer, have judge recused and sue auctioneer for above mentioned.?

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1 hour ago, kiki50 said:

any legal info on estate auctioneer 'trapping" legal heir with price setting on personal property items already noted in court to belong to him?

 

Huh?

 

 

1 hour ago, kiki50 said:

also estate attorney hired by older sister who is executor failed to submit any documents regarding bills, insurance, mortgage statements, medical, etc for equal heir to review as ordered by judge.

 

If the judge ordered the executor to do something and she didn't do it, then some other interested party ought to call her out for it.

 

 

1 hour ago, kiki50 said:

judge of probate in this court actually previously represented this heir before in criminal case which is grounds for recusal?

 

Not likely.  Also, what does "this heir" mean?

 

 

1 hour ago, kiki50 said:

can heir sue lawyer

 

Anyone can sue anyone for anything.  Since you provided no facts relating to the alleged slander, it is impossible to comment intelligently on the likelihood of success.  However, I can tell you that statements made in the context of judicial proceedings are typically privileged against defamation claims.

 

 

1 hour ago, kiki50 said:

sue auctioneer for above mentioned.?

 

Your "above mentioned" statement about the auctioneer contained no clear facts.

 

If you want useful responses, you need to provide the relevant facts in a clear, concise manner.

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Is probate ongoing now or is it over?

At any point during probate proceedings, did you consult with a probate attorney to get advice on how to get your concerns/worries/questions answered?

The prior representation in a criminal case is not necessarily a reason for recusal in a probate case that has no connection to the criminal case.

Your focus should be going after the auctioneer as to why he/she put the items up for auction--do you have any way of knowing if the items were submitted for auction with the executor's approval or not?  Maybe the auctioneer was unaware of what the will stated.  What is the value of the personal items?

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Probate ends in march of this year. Executor did sign auction agreement for auction to be held but it was clearly stated in open court on the record which items belonged exclusively to my fiance (the equal heir I refer to) and that those items were to b excluded from the sale.  On day of sale, items were placed in open view, opening bids thrown out by auctioneer then when no one bid on expensive bedroom set that was excluded, auctioneer said "I'll do u favor and start bid at 400$ " then when it didn't sell he told judge at next court date that he bought the furniture as,a favor so my fiance wouldn't lose it? Is this not considered "capping"? He didn't have atty previously but about to retain one to file suit against estate lawyer/auctioneer..any other suggestions? Thank you

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Your fiance needs to consult with a local probate attorney.  His remedy is against the estate/the executor (or the executor's bonding company if a bond was required).  Your fiance has no direct claim against the auctioneer.

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