Can a executor/heir sell a car or dispose of any of the assets owned equally with another heir?

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Can a executor/heir sell a car or dispose of any of the assets owned equally with another heir?

Can we file theft charges? What about accountability?

Asked on November 12, 2010 under Estate Planning, Louisiana

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am sorry for your loss and troubles.  An executor of an estate has great powers given them under the law to act in the best interests of the estate.  You gave very little facts here on the nature of the sale: was it to pay off estate debt?  Then yes, the executor can do so even if the asset was willed to a party.  The debts of the estate must be paid off before any of the assets can be distributed.  The executor is definitely accountable to the beneficiaries of the estate.  He has to give an accounting in the end as well.  If you believe that he has one something that is in contrary to his fiduciary duty then seek legal help in your area.  You will have to pay for the advice and any actions taken by the attorney on your behalf.  The executor, however, may use estate funds to defend himself.  Good luck.


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