Without a Will, can the elected Personal Representative legally remove undivided personal property from the estate to his home for “safe keeping?

Get Legal Help Today

 Secured with SHA-256 Encryption

Without a Will, can the elected Personal Representative legally remove undivided personal property from the estate to his home for “safe keeping?

How do the other beneficiaries get the personal representative to bring the personal items back to the home, before it is sold, so they can be divided fairly before the estate is settled? He wants to wait until after the estate is closed, when he says he’ll have more time. He was asked not to take items and has been asked repeatedly to bring them back and has not. Does an elected Personal Representative have the right to do this?

Asked on April 14, 2012 under Estate Planning, Michigan

Answers:

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

Answered 9 years ago | Contributor

I am so sorry for your loss.  The person who is appointed as the Personal Representative of the estate has the right to safeguard items incuded in the estate.  So say the house in the estate was empty and the decedent had a lot of silver pieces or jewelry.  The PR could take them and bring them elsewhere so that if the house was broken in to they would not be stolen.  Could you see that as a legitimate concern?  But the items have to be included in the estate inventory and returned when it is time to settle the estate.  That you can insiste on.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption