What steps should I take if someone falsely claims I’ve authorized the sale of an estate property?

1. Detailed Answer

Discovering that someone has falsely claimed you authorized the sale of estate property can cause serious problems. North Carolina law protects estates from unauthorized actions by demanding that only a properly appointed personal representative carries out sales. Follow these steps immediately to safeguard the estate and your interests:

A. Verify the Claim and Your Authority

• Request written proof of authorization. A valid sale must include your signature and the estate court’s approval.
• Review your Letters of Appointment. Under North Carolina General Statutes Chapter 28A, a personal representative acts only with court-issued letters. Without them, anyone claiming otherwise has no authority. (See G.S. 28A-6-2.)

B. Notify the Registrar of Deeds

• Contact the county registrar of deeds where the property sits. Request they refuse to record any deed or deed of trust until you resolve the issue.
• If a fraudulent document already appears on record, ask the registrar to mark it as “questionable” and hold any further filings.

C. Send a Cease and Desist Notice

• Draft and deliver a written cease and desist letter to the individual and any real estate agents involved. Demand they stop all sales activities immediately.
• Keep proof of delivery, such as certified mail receipts. This shows you took formal steps to protect the estate.

D. Inform the Clerk of Superior Court

• File an affidavit with the clerk explaining the fraud. Attach any supporting evidence, such as false documents or communications.
• Ask the court to issue an injunction barring anyone from selling or transferring estate property until the matter resolves.

E. Pursue a Quiet Title Action if Necessary

• If the false sale went through, file a Quiet Title action under G.S. 41-10. This asks the court to clear the title of any unauthorized claims.
• Record a Notice of Lis Pendens under G.S. 47-18 to alert future buyers that the property’s title is under litigation.

F. Seek Legal Guidance

North Carolina probate law includes many deadlines and procedural requirements. An attorney can help you file the correct motions and protect the estate from further unauthorized acts.

2. Key Takeaways

• Always confirm that only a court-appointed personal representative can sell estate property.
• Stop the sale by notifying the registrar of deeds and sending a cease and desist letter.
• File an affidavit with the clerk of court and request an injunction against unauthorized transfers.
• Pursue a Quiet Title action and record a Notice of Lis Pendens if a false sale was recorded.
• Consult an attorney to navigate probate court procedures and protect the estate.

Protect Your Estate Today

Unauthorized sales of estate property can drain assets and delay distribution to heirs. Pierce Law Group has experienced attorneys ready to guide you. Contact us now to safeguard the estate and enforce your rights. Email us at intake@piercelaw.com or call (919) 341-7055.