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Ray, Lawyer
Category: Legal
Satisfied Customers: 40979
Experience:  30 years in civil, probate, real estate, elder law
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Is it legal personal representative of an estate to take

Customer Question

is it legal for a personal representative of an estate to take out of state,vehicles and drive them before an inventory or audit has been conducted in Maryland?
Submitted: 2 years ago.
Category: Legal
Expert:  Ray replied 2 years ago.
Hi and welcome to JA. I am Ray and will be the expert helping you tonight.Honestly it is inappropriate for the personal representative to be driving and using the estate assets and especially out of state.This is depreciating the estate asset, estate could be liable if there is a wreck and likely regular insurance no longer carries him it is still in the name of the deceased.Overall this is a bad idea, you can report it to the probate judge. This amounts to self dealing and a violation of fiduciary duties and might be grounds for removal by the judge. I would report it to the judge and ask for a hearing on the matter.The court may remove the personal representative or at least admonish him severely or otherwise sanction him. Even if an inventory had been filed this is really unacceptable.It is not like the pr here is just charging the battery he is driving a vehicle that likely doesn't have proper coverage since the owner is deceased as well. I appreciate the chance to help you tonight.Please let me know if you have more follow up.Thanks again.
Expert:  Ray replied 2 years ago.
See page 25 -34 concerning his duties, removal , all of this may help you here. Thanks again.