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Thomas Judge
Thomas Judge, Solicitor Advocate
Category: UK Law
Satisfied Customers: 32986
Experience:  Award winning lawyer with over 15 years experience
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Can an executor remove items from property before probate

This answer was rated:

can an executor remove items from property before probate has been granted without permission from other family members
JA: Are you in the UK or are you in the States?
Customer: u k
JA: What action has been taken so far? What's your ideal outcome?
Customer: the executor refuses to tell us anything not even let us see copy of will not paid any bills but we seen him removing boxes wrote to his solicitor no reply considering asking for court intervention
JA: Anything else you want the lawyer to know before I connect you?
Customer: not really don't know what else to do

To come at this from the other end the executor will eventually have authority to deal with the estate. Part of the job of the executor is to gather paperwork etc. to find out the extent of the estate.

No one else has authority to remove items.

The executor has no duty to account to the family or beneficiaries until the estate has been ascertained , probate granted, debts paid and the estate is ready to be distributed. This will be at least 6 months after probate has been granted.

I hope this assists. If there are any further points please reply I will be happy to respond

Kindly rate my answer before leaving the site so I get credit for my time.

Best wishes

Michael

Customer: replied 3 months ago.
Problem is executor done nothing not applied for probate not paid funeral bill(nearly a year since death)but cashed insurances and closed bank accounts will not tell us anything we thinking of going to courts

These things can and sadly do often take a lot of time. Technically at this stage in time you cannot categorically say that they are doing anything which is to the detriment of the beneficiaries.

You can threaten them with an application to court to remove him as an executor and ask the court to award all the legal costs against him. Here is an article on removing and substituting executors. Usually,a letter from a solicitor (costs about £150 plus VAT) will focus their mind http://www.wrighthassall.co.uk/articles/2013/04/04/removing-and-substituting-executors/

I hope this assists. If there are any further points please reply I will be happy to respond

Kindly rate my answer before leaving the site so I get credit for my time.

Best wishes

Thomas Judge, Solicitor Advocate
Category: UK Law
Satisfied Customers: 32986
Experience: Award winning lawyer with over 15 years experience
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