Legal Question in Wills and Trusts in Massachusetts

probte

can the admin of an estate give away,take possession of, or sell personal property of the deceased. this person has supplied a letter as explanation of many missing items from my dads home


Asked on 11/17/08, 12:44 pm

4 Answers from Attorneys

Re: probte

Items that are of no value, or are necessary to sell to pay bills may be disposed of by the Administrator. However, notification of what is going to be done should be given to the beneficiaries under the estate prior to taking action.

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Answered on 11/17/08, 12:46 pm
Alan Fanger Alan S. Fanger, Esq.

Re: probte

The administrator is permitted to sell the personal property of the decedent. However, the administrator must account for all personal property that is sold.. This is done through and inventory and account that is required to be filed by the administrator on an annual basis (if not filed annually, an heir of the estate may petition the court to order that such an account be filed). If you know of property that belonged to the decedent and that has not been accounted for, I highly recommend that you assemble documentation that evidences that the property belonged to the decedent and has not been accounted for. At that point you should probably engage an attorney to press this and possibly other issues on your behalf.

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Answered on 11/17/08, 12:56 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: probte

The administrator can under certain conditions, but will have to account for these.

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Answered on 11/17/08, 1:47 pm
Joseph Murray Joseph M. Murray, Esq.

Re: probte

The administrator must account for all personal property that is sold in an inventory and accounts that must be filed witht the probate court. If you have evidence of items of value owned by the decendent that were omitted from the inventory and or accounts, retain an attorney to object to the administrator and/or the court demanding they be added or seeking removal of the administrator for not performing their fiduciary duty.

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Answered on 11/17/08, 4:28 pm


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