Legal Question in Wills and Trusts in California

Can the administrator of a will not sell the property stated in the will and keep all rental income as personal income?


Asked on 10/20/09, 11:37 pm

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

Contrary to the way most judges and attorneys behave, unless the Will directs the sale of the property or there are no othre funds to pay the debts of the estate, it is not required that any property be sold. But if the property is not sold, it is transferred to the beneficiaries entitled to it. The administrtator is someone who marshalls the assets, pays the bills, and transfers the estate assets to the heirs. The administrator does not keep rental income as a personal asset; they might use the rental income to pay estate bills but any left over rent goes into the estate for distribution. if you thilnk the administrator is pocketing for themself any rent money demand an accounting and if you are correct a hearing before the probate judge to remove that administrator and pay over all the assets to the court or new administrator..

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Answered on 10/20/09, 11:51 pm


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