Legal Question in Wills and Trusts in Utah

What is my accountablity as executor?

I am the executor of my grandfather's estate. I have all my relatives coming in from different states this week and I don't know what to tell them. They are all talking about what they want of grandpa's but I don't think that I should be giving anything out yet and no one in my family gets a long very well. They all think that they are going to get their inheritance right away and are looking to me for the money and/or possessions. What is my responsibility when it comes to his belongings? Should I just lock up his house and wait until I open Probate to liquidate everything? If anything disappears can I be held accountable by my family members?


Asked on 6/02/02, 3:13 pm

1 Answer from Attorneys
Randy Lish Randy M. Lish, Attorney at Law

Re: What is my accountablity as executor?

Basically, until you have opened probate, and been appointed as personal representative (executor), you do not have authority to distribute anything. I would recommend that you notify all of the family that nobody has authority to do anything until the court has made the appointment, and that you will also have to notify any and all creditors before making any distributions. If you make a distribution wrongfully, you may be held personally liable. In light of the circumstances, I would recommend that you make sure that the court approves every distribution, or have each person who receives a distribution sign aan acceptance of the distribution, even after you are appointed. If the family does not get along, you definitely want to take whatever steps necessary to protect yourself from liability. I would also recommend that you hire an attorney to handle the probate.

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Answered on 6/03/02, 11:32 am


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