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  1. #1
    Join Date
    Nov 2010
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    2

    Default Executor Taking Items and Making a List

    My question involves estate proceedings in the state of: West Virginia
    My sibling is the executor of my mothers estate. We are the sole beneficiaries. She recently emailed me to inform me that she had removed several items from Mothers house. She provided a list of the items an a price that she referred to as "fair price". I responded and agreed to some of the prices but disagreed on others and asked that they be returned for auction since we didn't both agree. The personal property was to be disposed of at an estate auction. With regard to the items she took.. I was told that she would keep a list of the items and subtract half of the agreed value from her share of the estate at settlement - per advice from her fiduciary. I disagreed and told her I would not accept her keeping a list and insisted she deposit the full agreed to amount into the estate account. She promised she would but has not provided any evidence of the deposit. Can she simple keep a list? Is this legal. Thanks for reading and advising.

  2. #2
    Join Date
    Sep 2005
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    Default Re: Executor Taking Items and Making a List

    What would you propose she do, as opposed to keeping a list? I doubt that she's in a position to sell individual items, as opposed to ensuring that they're in a safe location, as such a sale would have to be authorized by the court and that probably won't happen until the end of estate proceedings when the estate is formally distributed.

    If you believe she's undervaluing items you can take actions that you feel are appropriate, such as stating that you would like the item(s) at the stated price, or filing a motion with the court requesting a professional appraisal. You could also ask that the items be sold at auction, where your sister could bid, but that would increase both the cost to the estate (auctioneers often get a percentage) and the cost to your sister (winning bid plus buyer's premium). We have no information about the amounts involved but if they're substantial you would benefit from consulting a lawyer with the specifics of your case; for lower amounts you can also consult a lawyer, but you need to weigh the costs of legal representation against the value of the items in dispute.

  3. #3
    Join Date
    Nov 2010
    Posts
    2

    Default Re: Executor Taking Items and Making a List

    I think you misunderstood my question or I misstated it. My Sister took items from the house without first talking or communicating with me. She and I are the sole beneficuaries. Months later when preparing for the estate auction she told me about the items taken and prepared a listing of this things with what she called "fair price". As I mentioned, I agreed with some and rejected others. The point I'm making is that she indicated that she would keep the list of items and substract her half of the fair price at settlement rather than deposit the full value of fair price into the estate account now. Does she, as executor, have the right to this? How can I be sure be assured that the list doesn't get lost? What would happen she became unable to complete the settlement? Does anyone else know about the list? Did she file the list with the probate?

  4. #4
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    Sep 2005
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    Default Re: Executor Taking Items and Making a List

    Quote Quoting jacwv
    View Post
    Months later when preparing for the estate auction she told me about the items taken and prepared a listing of this things with what she called "fair price". As I mentioned, I agreed with some and rejected others.
    Again, if you believe she's undervaluing items you can take actions that you feel are appropriate, such as stating that you would like the item(s) at the stated price, or filing a motion with the court requesting a professional appraisal. You could also ask that the items be sold at auction, where your sister could bid, but that would increase both the cost to the estate (auctioneers often get a percentage) and the cost to your sister (winning bid plus buyer's premium). We have no information about the amounts involved but if they're substantial you would benefit from consulting a lawyer with the specifics of your case; for lower amounts you can also consult a lawyer, but you need to weigh the costs of legal representation against the value of the items in dispute.
    Quote Quoting jacwv
    View Post
    Does she, as executor, have the right to this?
    If she wants certain items of property at FMV, you don't want them, and she's properly accounting for their value in the distribution, what would be wrong with that?
    Quote Quoting jacwv
    View Post
    How can I be sure be assured that the list doesn't get lost?
    You could ask her for a copy. But seriously, if she removes items from the estate and denies that to the court, as I previously indicated, you can bring an appropriate motion with the court.

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