Estate Law Questions? Ask an Estate Lawyer.
Your Attorney is correct. Nonintervention powers are not solely about money or making business decisions. It is about administration of a probate estate without Court's intervention. By attempting to change the locks to the warehouse, you are infact trying to administer the probate estate without the Court's approval. For the trust assets, you can do that because the trust is not part of the probate estate.
Thank you for the additional information. However, I have no additional answer. So, I will opt out and let another Attorney to further assist you.
Good morning. I am Loren, a licensed attorney, and I look forward to assisting you.
How is the business organized? Is it a sole proprietorship? Are there shareholders? Officers? Directors?
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You are correct. If the warehouse was personally owned by the decedent then you would have authority to marshall that asset and administer it as a part of the estate, along with the other assets.
I suspect the business assets are titled to a different entity and not to the decedent personally. If that were the case, then what you were advised by the attorney is correct. You would have no authority to begin administering the business owned assets under your probate authority.
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Did you have further questions? Have I answered your question?
By the way, just for clarification, for a PR to conduct certain actions, even with established probate assets, the court requires nonintervention powers. I do not see how merely securing a warehouse would run afoul of that requirement, but a Personal Representative must have Nonintervention Powers to:
Settle the estate, and otherwise
Take all the actions regarding the estate and its assets that a Trustee may take regarding a Trust.