Legal Question in Elder Law in New York

I am trustee of a trust...the nominated executor has not gotten her testamentary yet. Who is responsible for the tangible property


Asked on 8/09/14, 12:00 pm

1 Answer from Attorneys
Richard Bryan Richard Bryan Attorney PC

Was the tangible property transferred to the trust while the decedent was alive? If so then you're responsible. Otherwise, New York Estates, Powers and Trusts Law (EPTL) section 11-1.3 says that prior to obtaining Letters Testamentary, a nominated executor has no authority except to pay funeral expenses and take other actions to preserve the estate.

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Answered on 8/15/14, 5:52 pm


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