Submitted by skydiver81 on Mon, 12/21/2009 - 14:31
My mother recently passed away, I am the sole surviving beneficiary in addition to being named the executor and administrator of the estate in the will.
While the estate has been submitted to probate, should I refrain from removing any belongings from the home?
My nephew had resided at the house until last year, and he is demanding access in order to remove items that he claims are his own property. While I am not against providing him access, I am concerned that the removal of anything may potentially be in violation of the probate process.
Your input is greatly appreciated.
Read Similar Questions
- What is the Distinction between Probate and Non-Probate Assets?
- Undue influence
- Streamlined Probate for Small Estates in MA
- Do I have to go through probate?
- The Probate Process in Massachusetts
- Can administrator of estate hire a probate attorney?
- Do I need to go to Probate?
- Do I have to probate
- Can executor of MA estate make distributions before probate closed?
- Recourse for poor estate administration?
Recent Posts about Massachusetts Laws
| Forum | Last post |
|---|---|
|
I have a lease until June 2012, but I am very unhappy with my living situation, I pay half of the rent. I am a....
I cannot answer this question based upon your statement. Who are they....
|
2/8/2012 11:00 by Alexm2012 |
|
Is it legal for Massachusetts employer to send a SALARIED employee home for the day, without pay, for a dress ....
Federal and Massachusetts courts have upheld employee dress codes as l....
|
2/8/2012 09:09 by Munsterwoman |
|
Hi, I'm the grandmother of 4 beautiful grandchildren. The oldest has hit a rough spot with defiance (puberty ....
I'm very sorry about your situation and the ordeal your family is goin....
|
2/7/2012 23:02 by gramy |
|
Hello. I'm in the middle of an appeal for SSDI and my attorney asked me to get a residual functional capacity....
First, I guess it's not a good sign that you do not trust your current....
|
2/7/2012 08:18 by Adam13 |
|
Hi everybody.
I am trying to make an offer on a house, which is an estate sale. As I understand, the execut....
|
2/6/2012 13:50 by ilya980 |
|
I've been helping a friend pay for a lawyer to go to probate court.
Her ex-Boyfriend, whom she is taking to c....
|
2/6/2012 12:21 by rbiddle |
|
If I witness a person getting beat up at a party and just run away without calling the cops or helping the guy....
I don't think so. In terms of civil liability (as opposed to cri....
|
2/3/2012 07:17 by Coller |
|
My father passed away in September. The probate is over and settled, no contests to the will. My mother is the....
Your dad died in September and the probate is already settled – ....
|
2/2/2012 18:50 by JGraul |
|
Hi. My cousin is charged with possession with intent to distribute drugs in a Massachusetts court. He is not a....
Unfortunately for your cousin, if an immigrant is convicted of certain....
|
2/2/2012 08:07 by Sister6 |
|
Just curious if you have any thoughts or have read any information regarding the success rate of divorce media....
Yes, I've also seen the 90% estimate on various websites, with some me....
|
1/24/2012 11:47 by RRM |
|
Several of my colleagues will dictate consultation notes in which they state they don't have the complete hist....
The question probably boils down to whether or not such practice is wi....
|
10/2/2011 18:37 by Anonymous |
Estate is now in probate - should I remove any belongings from t
The probate process only controls the decedent's probate assets. Assets which did not belong to the decedent can be returned to the rightful owner. You can supervise the process to make sure that there is no confusion or disputes as to the ownership of the assets. The only people who could possibly object would be the creditors of the estate and the beneficiaries under the Will. If you are correct in your statement that you are the only beneficiary, then you should not have any concerns (because creditors - if any - do not generally get too execited about used furniture and the like). As an aside, you do want to secure the property and the contents. If other beneficiaries surface (such as an illigitimate child or a "pretermitted child") or if there are creditor issues, they can hold you, as executor, responsible for any missing assets.
Attorney Peter Bernardin