QUESTION
Can you use items in an estate without permission that do not belong to you?
Asked on Feb 05th, 2014 on Estate Planning - New York
More details to this question:
If you are an executor of an estate can you use items belonging to that estate without permission?
16 ANSWERS
Trusts Attorney serving Sacramento, CA
at
Law Office of Victor Waid
Update Your Profile
Requires court permission/order.
Answered on Feb 10th, 2014 at 6:27 AM
3 Awards
It depends. You need to be more specific. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.
Answered on Feb 10th, 2014 at 6:27 AM
2 Awards
Generally no, but more information is needed to answer your question.
Answered on Feb 10th, 2014 at 6:26 AM
Thomas Edward Gates
What are you using them for? As Executor you are required to take an inventory of the estate's assets and debts. You have the responsibility to account for all of the assets in the condition you found them.
Answered on Feb 07th, 2014 at 10:51 PM
Probate Attorney serving Palatine, IL
at
Law Offices of Robert H. Glorch
Update Your Profile
Probably depends on what you mean by "use items". The executor is a fiduciary. The property in the estate is held by the executor as a fiduciary. What constitutes use depends on the facts and circumstances.
Answered on Feb 07th, 2014 at 10:51 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
Generally not, they are the estate's property and not the executor's. I would need more details to render an opinion on any particular act or omission.
Answered on Feb 07th, 2014 at 10:50 PM
Commercial Attorney serving Chicago, IL
at
Ashcraft & Ashcraft, Ltd.
Update Your Profile
The executor of the estate duties to the estate and the legatees and heirs of the estate. The executor must collect the assets of the estate, pay creditor claims, make specific bequests, liquidate assets as necessary to make the appropriate distributions. The executor is under a duty of loyalty to the estate and has fiduciary responsibilities to the estate. This means the executor cannot use estate assets for his or her own benefit and cannot permit the waste of estate assets. Use of estate assets for non-estate purposes could be done with an appropriate market value payment (i.e. rental).
Answered on Feb 07th, 2014 at 10:50 PM
Edwin K. Niles
As executor, you are acting in the highest fiduciary capacity for the benefit of all interested parties. You cannot act in any way that detracts from the benefit of those parties.
Answered on Feb 07th, 2014 at 10:50 PM
Business Planning Attorney serving Livonia, MI
at
Frederick & Frederick Attorneys at Law
Update Your Profile
Yes. The personal representative has legal permission to take possession and control of all estate assets.
Answered on Feb 07th, 2014 at 10:49 PM
Probate Attorney serving Newport, OR
at
Minor, Bandonis & Haggerty P.C.
Update Your Profile
It really depends. The personal representative ("executor" is an old term you are in Oregon, right?) has the possession and control of estate property. This doesn't necessarily include the right to use the property; sometimes the PR drives a car that's in the estate; sometimes the PR is even living in a house owned by the estate. As a devisee of the estate, you have to look at what harm may be coming of this. Is it really a problem? Is the PR driving a car that belongs to the estate uninsured? Has the PR been living in the house for three years and still hasn't tried to sell it? Those are problems. Did the PR borrow a lawnmower that's in the estate, to mow his own lawn? That's not necessarily a problem.
Answered on Feb 07th, 2014 at 10:49 PM
It would depend upon the item(s), its value, and how you plan to use it. Can you use a pen belonging from the decedent to sign some estate documents? Yes. Can you you use the car? No. Responsibility for the closing of the estate has been given to you but the assets do not belong to you. You are also legally responsible for maintaining the assets in good condition and could be liable to the heirs for any damage you do.
Answered on Feb 07th, 2014 at 10:48 PM
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
Update Your Profile
Maybe. If you are doing it for the benefit of the estate, yes. If you are using the car and not paying rental on it, no.
Answered on Feb 07th, 2014 at 10:48 PM
Business Litigation Attorney serving Los Angeles, CA
at
Gerard A. Fierro & Associates
Update Your Profile
The executor should protect the assets and not diminish the value of the estate. The Executor should administer the estate and distribute the assets in accordance with Will in a Probate action in Court.
Answered on Feb 07th, 2014 at 10:47 PM
Corporate and Business Organizations Attorney serving Columbus, OH
at
Arnold & Clifford LLC
Update Your Profile
This question requires more specific background information in order to properly understand the issues in play. Generally, the answer is no, the Executor cannot use items in the estate, but there are exceptions.
Answered on Feb 07th, 2014 at 10:47 PM
Probate Attorney serving St. Louis, MO
at
Edward L. Armstrong, P.C.
Update Your Profile
An executor many not use estate assets in some instances without approval of the court.
Answered on Feb 07th, 2014 at 10:46 PM
Real Estate Attorney serving Garden City, NY
at
Law Offices of Hein, Waters and Klein
Update Your Profile
No. An Executor is a Fiduciary and owes a duty to the Court and the beneficiaries of the estate. The assets are not the executors to use.
Answered on Feb 07th, 2014 at 9:41 PM