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Richard
Richard, Attorney
Category: Estate Law
Satisfied Customers: 54322
Experience:  29 years of experience practicing law, including tax and estate planning.
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The executor told the family of the will the rule that

Customer Question

The executor told the family of the will the rule that everything remains in the house until it is time to have an estate sale. The home was stripped down by the son who will inherit all of his (dead Mothers assets), he had help from his girlfriend and the X husband. Patti, who was to return from the hospital in Ohio (Clinic) had a very unexpected massive heart attack. It was clear in the earlier will and the current will which was taken from Patti's office while her body was still warm, the X was to get nothing nor be involved in her wishes in her will. The Estate Sale at that time was needed to collect the fees. However, those mentioned -stripped it clean, except for clothing they did not want, a few towels etc. Was this legal?
Submitted: 8 months ago.
Category: Estate Law
Expert:  Richard replied 8 months ago.
Good morning. My name is ***** ***** I look forward to helping. This was definitely not legal. First, no one has any authority over any assets in the estate, including possessions of the house, until an executor has been appointed; then, only the executor has authority over the estate who must act specifically pursuant to the will. Two, before any beneficiary is entitled to any distributions, the debts and liabilities of the estate must be paid from the assets of the estate. Three, if the will did not provide for the son to be entitled to these possessions, then his actions are certainly illegal and subjects him not only to a civil suit for monetary damages, both actual and punitive, but also criminal prosecution. Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent (hopefully Good or Excellent). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!