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Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 55703
Experience:  Attorney with 29 years of experience.
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AZ -A friend just passed a couple of weeks ago. She gave her

Customer Question

AZ -A friend just passed a couple of weeks ago. She gave her car to the secretary of her church. The executor refuses to hand the car over and wants to drive the car out of state (Oregon) and drive it back and forth to do estate business. They have a car. Is it not the executor;s responsibility to disperse assets in the condition they were in when the owner passed? And can the executor withhold distribution os certain assets to suit themselves? I would like to know what the law is regarding the disposition of assets in AZ
JA: What state is this in? And how old is the car?
Customer: AZ - fairly new
JA: Has anything been filed or reported?
Customer: Decedent bought car just a couple of months before she died and only put 1400 mile on it
JA: Anything else you want the lawyer to know before I connect you?
Customer: The will has been read
Submitted: 2 months ago.
Category: Legal
Expert:  Richard replied 2 months ago.

Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

Expert:  Richard replied 2 months ago.

You are absolutely right. The executor is clearly out of line. The estate and its assets are not the executor's personal piggy bank. The executor has a fiduciary duty to each beneficiary. Each beneficiary is entitled to have the executor timely file the will for probate and and to timely administer the estate specifically pursuant to the terms of the will. If the executor fails to do so, any beneficiary can file a petition with the probate court to have him removed as the executor for breach of fiduciary duty. In this situation you describe, the church should inform the executor of the foregoing by certified letter and let him know if he does not transfer title to the car to the church within a short specified period of time, they will be filing a petiton with the probate court to have him removed as executor.

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Expert:  Richard replied 2 months ago.

Good evening. I'm just following up. My screen indicates that you have not reviewed my response. Please let me know if you did not receive it so I can re-send it if necessary. Thank you! Richard