Legal Question in Wills and Trusts in Utah
what happens in the event the personal representative sells items from the estate(furniture,house,car etc.) and the will is a pour over will leaving all property to the trustee and no property was assigned to the trust but a rollover trust was established?
2 Answers from Attorneys
If the PR acts outside of the authority of the will or trust, the PR can be held personally responsible. You may call for a free consultation.
The personal representative's obligation is to administer the probate estate according to the terms of the will. If the will directs thatall property be left to a trust, the personal representative should transfer the property to the trustee of the trust. If he sells the property, he is obligated to transfer the proceeds to the trustee. If he does not do so, he is personally liable.If he sells the property improperly but then transfers the proceeds to the trustee, the personal representative is technically in violation of his fiduciary duty, but may escape any penalty by transferring the proceeds to the trustee.
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