Legal Question in Wills and Trusts in California

If the executor of an estate donates household belongings to charity without contacting the recipients of the estate is the value of that donation considered to be part of the estate?


Asked on 4/24/12, 9:49 am

1 Answer from Attorneys

Rosemary Meagher-Leonard Law Office of Rosemary Meagher-Leonard

I'm assuming that you are talking about an estate that is being Probated. In that case, the executor would have been appointed by the court and granted certain powers either by the court or under the terms of the will. Most California wills would include a provision that granting the executor authority to act under the Independent Administration of Estates Act. With such authority, the executor is usually permitted to sell or dispose of such property without notice to the beneficiaries. It is not unusual for an executor to donate household goods to charity, particularly if they are of minimal value. Most of the time household are not of particularly high value. Sometimes, however, an estate may contain antiques, art or other high value items. Such items should be considered separately and donation of such items to a charity, as opposed to selling them, may or may not be appropriate. The household items should be listed on the Inventory and Appraisal. When the final accounting is prepared, the executor would indicate the disposition of these goods in order to balance the accounts and obtain an order for distribution.

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Answered on 4/24/12, 2:49 pm


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