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John Elder
John Elder, Estate & Elder Law
Category: Estate Law
Satisfied Customers: 4631
Experience:  Over 14 years experience in Medicaid, Estates, Trust.
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What happens when an executor of an estate does not sell assets

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What happens when an executor of an estate does not sell assets in a timely fashion
Welcome! Thank you for your question.

If the executor failed to act in a timely fashion then the executor is in breach of the executor's fiduciary duty to the beneficiaries of the estate. This is cause to remove the executor from her duties. Any beneficiary of the estate can file a petition with the probate court requesting the court issue a notice for the executor to "show cause" why the executor should not be removed from her duties as executor. The executor will then be required to appear before the probate court and explain why they are not administering the estate timely. The removal of an executor is governed by Massachusetts General Laws, Chapter 190B, Section 3-611.

I cannot provide you with legal advise. I have provided you with information about the law related to your question. My answer, and any information that you find online, should not take the place of having a consultation with a lawyer in your area to advise you regarding your specific issues.

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John Elder and 2 other Estate Law Specialists are ready to help you
Customer: replied 4 years ago.
I dont understand, it this is aak a lawyer, why can't you giveme legal advice. I know, I can have her removed, I want to know if she is liable for the depreciation on the truck, as a trade in value was give and now it is $2000.00 less.

I am not YOUR Attorney. I can give you general information regarding the law but cannot advise you on what to do in your specific circumstance. Legal advise can only be provided by a lawyer that you have a direct consult with in your location.


With that said, if she is using the truck for her personal use and it was not specifically given to her from the trust then she is liable to any beneficiary of the trust for the loss in value she is causing by using the truck.