What to do if my uncle was the executor of my grandfather’s estate and he gave away several of my grandfather’s vehicles to friends, which was not a part of the Will?

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What to do if my uncle was the executor of my grandfather’s estate and he gave away several of my grandfather’s vehicles to friends, which was not a part of the Will?

In the will all assets should have been liquidated and distributed to the heirs. It seems easy to prove that this happened by looking into the records for these vehicles. If this is true did he commit a crime?

Asked on December 21, 2012 under Estate Planning, California

Answers:

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

Answered 11 years ago | Contributor

I am so sorry for your loss.  If he did indeed go against the wishes of your Grandfather as expressed in the Will, then as the executor he would have been deemed to have breached his fiduciary duty to the rest of the beneficiaries.  It is a very serious matter and it should be discussed with an attorney as to how to handle it.  Good luck.


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