VIC Selling items prior to probate

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skw

Member
3 July 2017
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My MIL left her house to her 3 children, with the stipulation that the daughter be allowed to stay there for an unspecified time (she had never left the family home). Due to a mix up, the will has not gone to probate 6 years after her death. The daughter has been selling stuff from within the home, some of which is quite valuable, without any consultation with either of her siblings or the executor (who is one of the beneficiaries) and without giving either of the siblings any of the profits. Can she do this?
 
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Rod

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27 May 2014
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No. No assets should be distributed within 6 months of obtaining probate and it this stage you don't even have probate.

The executor can be personal liable for mistakes and errors and not securing the property. If the executor is incapable of performing their duties recommend getting a lawyer to help straighten out the mess.
 
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