Can an executor take things while still in probate?

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Can an executor take things while still in probate?

Asked on August 24, 2012 under Estate Planning, Ohio

Answers:

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

Answered 12 years ago | Contributor

In what way are you using the word "take"?  An executor is supposed to marshall (gather) assets and inventory the estate.  The executor can sell estate assets as well.  If you mean for their personal use and to the exclusion of beneficiaries then no, they can not.  Good luck.


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