QUESTION
Could an executor dispose of the deceased persons contents of his home without approval of the heirs?
Asked on Aug 19th, 2015 on Estate Planning - Nevada
More details to this question:
Can an executor of a will dispose of the deceased persons contents of his home without approval of all the family heirs?
12 ANSWERS
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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Yes, it's the executor's job to wrap up the deceased's affairs. Unless the deceased's will had specific instructions otherwise, disposing of assets is a routine part of the job.
Answered on Aug 21st, 2015 at 10:27 AM
Yes, that is one of the many jobs an executor is responsible for. However, if there are certain items that hold special meaning to the heirs, you could always ask the executor to give them to you and then deduct their value from your inheritance.
Answered on Aug 20th, 2015 at 9:40 AM
An executor [person named in the Will to handle the estate] actually has very little power and would not be able to dispose of assets. ?Once the Will is filed in Probate Court, the Court will appoint an administrator who will be given much greater power, including necessary disposing of assets the heirs might want to keep.
Answered on Aug 20th, 2015 at 1:32 AM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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The terms of the Will describe what is to be done with the personal property of the decedent. The executor has a fiduciary duty to the estate. That duty includes not allowing estate assets to waste. This means that personal property not specifically gifted would be sold, if it had value, or distributed in-kind to the personal property or residuary legatees, as the case may be. However, any distribution in-kind must be of equal value to each legatee. If there is no agreement among the legatees this usually leaves sale and distributing proceeds as the best course of action.
Answered on Aug 19th, 2015 at 5:53 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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That is a very difficult question to answer given the limited amount of information you provided. Generally the contents of the home are sold or liquidated, and if there is insufficient assets in the estate to cover the debts of the deceased individual none of the assets or their proceeds would have been distributable to the heirs in any case. Generally the personal representative, if the cases in probate, has to answer to the court. I would suggest you engage an attorney with all of the circumstances so that a recent and correct opinion can be provided to you.
Answered on Aug 19th, 2015 at 5:25 PM
Edwin K. Niles
Yes, if it is in the best interests of all.
Answered on Aug 19th, 2015 at 4:56 PM
Yes, unless the Will or a court order stops them.
Answered on Aug 19th, 2015 at 4:52 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Yes, unless you have an attorney to stop such conduct by filing necessary probate documentation into court for a restraining order.
Answered on Aug 19th, 2015 at 4:50 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Yes. It's not a good idea, as most of the contents of most homes have more sentimental value than monetary value, but the personal representative has full power to deal with property of the estate. If the PR sold grandma's good china at an estate sale for $50, and it was priceless to you, you could assert a breach of the PR's fiduciary duty. If I were the judge, I'd ask the PR whether any of the heirs had an opportunity to ask for tangible property "in kind," and if the answer were "no," I would want to hear a truly excellent reason why not. But what are your damages? My mom always used to say, "don't cry until you're hurt." If you have lost something irreplaceable because of the PR's actions, then raise the issue. If it's just dad's table saw, go to Home Depot this weekend and buy yourself a new one.
Answered on Aug 19th, 2015 at 4:34 PM
Probate Attorney serving Palatine, IL
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Law Offices of Robert H. Glorch
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1) What does the will say about disposition of tangible personal property? 2) What does dispose mean? Sell? Take? Give away? Donate?
Answered on Aug 19th, 2015 at 4:33 PM
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Probably. Depends upon what the Will says. This is opinion is solely based upon the facts presented in the inquiry. Additional facts may be important and may change the analysis. If you are uncertain, seek legal counsel. We are not your attorneys. This answer is being offered to assist you in determining if you need to retain legal counsel to assist you, not to resolve your issue through an email inquiry.
Answered on Aug 19th, 2015 at 4:23 PM
Depending on the terms of the will, yes.
Answered on Aug 19th, 2015 at 4:23 PM