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socrateaser, Attorney
Category: Estate Law
Satisfied Customers: 37837
Experience:  Retired (mostly)
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In the state of California can an executor give a coin collection

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In the state of California can an executor give a coin collection to one of the heirs without consulting the other heirs? There was no mention in the will as to who the coins should be given to.

The answer is unambiguously "no." First of all, unless and until the executor is appointed personal representative of the estate, the executor has no authority to do anything. So, if there has been no petition for probate administration filed yet, then the executor's act is a criminal theft, and the heir who received the coins is in receipt of stolen property.

The decedent's Will may state that the executor may distribute the decedent's personal effects as the executor deems appropriate -- however, once again, the executor can't start distributing the estate until he/she is appointed by the court to do so.

Please let me know if my answer is helpful, or if I can provide further clarification or assistance.

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