Q: Executor removing personal property
I went down to pack the personal belongings of my two brothers that passed away and when I arrived at the house all the furniture and some of the personal items were gone from the house. Can a representative give away items from the estate. I know she has given things away, but can she legally do this
A:
As with most questions with the law, the answer here is it depends. Are the items specifically devised in the will? Are the items of value? What does the will say?
I would strongly recommend talking to a probate attorney so that you can provide more detail and get a better answer.
A: It sounds like there is a pending probate. You would want to get a copy of the Will and review any probate papers to see the inventory, status and powers of the Personal Representative. If there are any items that have been directly given to you in the Will, you will want to be sure that you get those. The Personal Representative is supposed to be carrying out the bequest of the decedent and should be held accountable for doing so by the Court. You will want to compare the Will with the items "given away" and be sure they are in alignment. If not, you can always require an accounting. If there is significant value to the estate, you will want to be represented by counsel to be sure your interests are fully protected. Best of Luck! Jennifer
A: I agree with Attorney Richert, the answer to your question depends upon a variety of factors. you need to consult with a probate attorney to discuss all the issues surrounding this matter.
A: A Personal Representative has an obligation to collect the assets of an estate (in your case, two estates), and administer the estate in accordance with a will and 'separate writing', if any, or according to statute. You do not mention if your brothers had wills. Depending upon the value of property, a Personal Representative may give away property, subject to other instructions from your brothers' wills or 'separate writings.'
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