QUESTION

Can an executor of will remove and sell or give away property before the person passes while such person is in a nursing home and not doing well ?

Asked on Jun 21st, 2012 on Wills and Probate - Pennsylvania
More details to this question:
My wife was executor of her aunt''s will. With her approval, her brother was made executor and given power of attorney. The aunt is still alive but in a nursing home and not doing well. The brother''s wife is cleaning out the aunt''s home, giving things away and trying to sell them. The will states my wife was to receive everything but there will not be anything left. We live too far away to be watching everything. Do we have any options ? Does will set the amount of an executor''s fee ?
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1 ANSWER

Adoption Law Attorney serving Easton, PA at Ellen S. Kingsley
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An executor of a will has no power to do anything with any property until the person dies.  However, you also say that her brother was given power of attorney.  Depending on the terms of the power of attorney document, it is very possible that he does have the power to sell things and/or give them away.  Although he has a fiduciary duty to do it for her welfare.  It is also possible that things need to be sold to cover her costs. As for any options you may have, you can ask the court to order an accounting.  You can also call the Area Agency on Aging in the area where her home is and ask them to investigate possible financial exploitation. As for your last question, a will does not usually set an Executor's fee, but there has been case law which has limited executor's fees to what the court has deemed "reasonable".  You should consult with an attorney who practices in elder law and/or wills and estates for more information.
Answered on Jun 23rd, 2012 at 12:30 PM

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