Property has been removed from the home of my late father whom I'm the Executor of the Will. Can I put a market value on the items and deduct from his share?
WA Property removed
- Thread starter Jilian Pike
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- property
Dear JIlian,
My condolence. I assume this question ties to another - and I assume it is a family member who without permission remove chattels from the property of your late father.
Yes - it is the executor’s role to record, secure and collect the property, and find a way to distribute in accordance to the will. The normal thing in this situation is to have a record of what should be in the estate, together with proof including proof that it was removed by the family member. Put in writing e.g. a letter of your intention as executor to distribute and deduct for items removed, and having proof is good in the event the family member assuming a beneficiary may try to object or try to allege. To protect yourself from liability, after obtaining probate, and once you are ready to distribute you should file a notice to the court of your state of a record how it is distributed to minimise allegation of failure of your conduct as executor. It may also be a good idea if everybody meet and reach a family agreement (agrees what is in the estate, negotiate how the distribution is to occur, parties release one another from liability etc) so there is no dispute later.
Good luck!
-Nighthelyn
My condolence. I assume this question ties to another - and I assume it is a family member who without permission remove chattels from the property of your late father.
Yes - it is the executor’s role to record, secure and collect the property, and find a way to distribute in accordance to the will. The normal thing in this situation is to have a record of what should be in the estate, together with proof including proof that it was removed by the family member. Put in writing e.g. a letter of your intention as executor to distribute and deduct for items removed, and having proof is good in the event the family member assuming a beneficiary may try to object or try to allege. To protect yourself from liability, after obtaining probate, and once you are ready to distribute you should file a notice to the court of your state of a record how it is distributed to minimise allegation of failure of your conduct as executor. It may also be a good idea if everybody meet and reach a family agreement (agrees what is in the estate, negotiate how the distribution is to occur, parties release one another from liability etc) so there is no dispute later.
Good luck!
-Nighthelyn
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