Скачать или смотреть Can an Executor Take Property From the Estate?

Northwest Indiana probate lawyer Guy D. Martino answers a critical question about executor responsibilities: When can they legally take property from the estate they are managing?

In this video, you'll learn the clear rules that prevent an executor from misusing their power:

✅ When It's LEGAL for an Executor to Take Property:

They Are the Sole Beneficiary: If they are the only person inheriting everything, they effectively take the property as an heir, not as an executor.

Specific Bequest: The will explicitly leaves a specific item to them (e.g., "I leave my Harley to my son, John, who is also my executor").

Full Consent: All other beneficiaries unanimously agree in writing to allow the executor to take a certain item, often with its value deducted from their share of the inheritance.

❌ When It's ILLEGAL (and a Breach of Fiduciary Duty):

If the will leaves the residuary estate (what's left after specific gifts) to be split equally among beneficiaries, the executor cannot simply take assets for themselves without the above consents. This is self-dealing and can lead to their removal and legal liability.

⚖️ The Golden Rule: When in doubt, the executor must get written permission from all beneficiaries or seek formal approval from the probate court. Their primary role is to be a neutral administrator, not to help themselves to estate assets.

If you are an executor unsure of your duties or a beneficiary concerned about an executor's actions, it is crucial to get legal guidance immediately.

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✔ Contact Guy D. Martino P.C. _

1000 Washington St.
Michigan City, IN 46360
(219) 690-8997
🔗 https://guydimartino.com/

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