Hollywood, FL asked in Estate Planning and Probate for New York

Q: Can the executor an the estate remove ALL items from the decedent's home without permission of the other beneficiaries?

The executor of the estate, who is also a beneficiary has removed "all" personal items of the decedent from the home. The executor was given the home in the will. The other two beneficiaries were not given an opportunity to go through any of their father's personal items, furniture, etc. prior to the executor removing the items, or giving the items away to other family members not named as beneficiaries to the estate. What are the options for the two beneficiaries? Can they sue the executor for removing all of their father's personal items from the home for an estimated value of all the items? Is this a breach of trust on the part of the executor? Could they be removed as executor for their actions? Thank you very much.

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1 Lawyer Answer
Gary Lane
Gary Lane
  • Estate Planning Lawyer
  • Irvine, CA
  • Licensed in New York

A: Yes, they should sue. The Executor is not authorized on their own to do this. They should be communicating with the other beneficiaries. Yes, this certainly could be grounds to have them removed and replaced.

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