Legal Question in Wills and Trusts in Colorado

Re: Does the personal representative have the right to give away property of ben

It is quite possible that the will has a separate provision regarding the disposition of tangible personal property; or that your brother may have executed a separate memorandum for that purpose. If so, that separate provision or memorandum will control how your aunt may distribute the tangible personal property from his house; and your consent is not required.

If there is no provision or memorandum treating tangible personal property separately, that property will be considered part of the residuary estate to be divided between you and your sister. In this case, your aunt cannot distribute any of that property to anyone but you and your sister without your consent.

Re: Does the personal representative have the right to give away property of ben

Whether the PR has acted appropriately will depend on several factors. These would include:

1. The provisions of the Will

2. The existence of a Memorandum of Disposition of Personal Property

3. Communications between the PR and the estate beneficiaries

4. Whether the property is worthless and should be abandoned.

The PR has some discretion to deal with personal property that could be dangerous, however, it is best that the PR work with the estate beneficiaries in doing so.

The PR should be following the terms of the Will precisely in dealing with this property. If you are concerned and seek to protect any rights that you may have in the property, then you should engage your own attorney who is experienced in estate matters to represent you.