Legal Question in Wills and Trusts in Michigan
Estates Personal Property
Can a personal representative give away and/or
throw away personal property of an estate without
contacting the other beneficiary? The personal
representative is also the beneficiary. This
has now been done. Does he now have to account
for it? Does he have to divide what few items
he has left?
2 Answers from Attorneys
Re: Estates Personal Property
Hello, I have received a copy of your e-mail regardig an estate. Ms. Prince has given you accurate information. However, a Personal Representative usually also has significant discretion to determine how to evaluate and dispose of assets. If you or other beneficiaries did not respond in a timely manner you cannot now complain that asstes were disposed of in a way that you do not approve. Feel free to call me if you have other questions or want to discuss representation. John C. Talpos (http://www.Mich-Lawyer.com)
Re: Estates Personal Property
If the personal representative wants to dispose of property that would be shared by other benificiaries beside himself, he should have asked the other benificiary if he/she wanted anything. Yes, he does have to account for it, but if the other benificiary just agrees it was junk, the value is zero. If the other beneficiary now thinks these items were "treasures" there could be a problem.....
Generally unless the will directs otherwise (assuming there was a will) the beneficiaries share everything equally. If there was not will the heirs do the same.
Pat Prince
Contact the other beneficiary regarding this and try to get it worked out.
Pat Prince