What Should I Do if Someone Falsely Claims That I Initiated the Sale of a Probate Property?

Detailed Answer

In North Carolina probate proceedings, accuracy and transparency matter. If a third party asserts you called for the sale of estate real estate when you did not, you should take prompt action to protect your reputation and the integrity of the probate process.

1. Confirm the Record

First, review the probate file at the clerk of superior court. Under North Carolina law, the clerk maintains all petitions, orders, and responses (see N.C. Gen. Stat. § 28A-1-2). Make sure no document bears your signature or reflects your request for sale.

2. File a Motion or Affidavit

If the record lacks your involvement, file with the court either:

• Motion to Strike or Correct: Ask the clerk to remove or correct the false entry under the court’s general authority over its files.
• Affidavit of Non-Involvement: Swear under oath that you never requested the sale. Attach any supporting evidence, like emails or letters.

3. Object to the Sale Petition

If the sale process has begun, lodge a formal objection. The clerk cannot confirm a sale request you did not make. Under N.C. Gen. Stat. § 28A-12-3, interested parties may contest petitions for sale. Your objection will put the court on notice and pause any further action until the matter resolves.

4. Address Defamation Concerns

A false claim that you initiated a property sale may harm your reputation. While probate courts handle administration, you can seek relief in civil court for defamation. North Carolina recognizes defamation under common law. To protect your rights, you may:

• Send a demand letter detailing the false statement and requesting a retraction.
• File a defamation complaint in superior court, demonstrating that the statement is false, published, and caused you damages.

5. Communicate with Other Parties

Contact the personal representative or executor directly. A clear, polite letter or email may resolve confusion. Ask for written confirmation that they did not receive any request from you.

Key Steps to Protect Yourself

• Review the probate file to verify what’s on record.
• File a motion or affidavit to correct false entries.
• Object formally to any sale petition you did not initiate.
• Consider a defamation claim if the false allegation damages your reputation.
• Communicate directly with the personal representative to clear up misunderstandings.

Conclusion & Call to Action

False claims in probate can derail the entire administration and harm your reputation. At Pierce Law Group, our attorneys have extensive experience guiding clients through probate disputes. If someone wrongly alleges you initiated a property sale, let us help you restore the record and protect your rights. Contact Pierce Law Group today by emailing intake@piercelaw.com or calling (919) 341-7055.