Can I liquidate a deceased parents stocks legally?

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Can I liquidate a deceased parents stocks legally?

My mom passed away 11 years ago. One of her sisters was named executor of her estate in her Will. All of my mom’s accounts and things where to be split between my older sister and myself. I was recently contacted about a stock account that was not liquidated and split between my sister and I. The executor and my sister where both devious and deceitful when it came to handling the Will. If I liquidate the stocks myself and send my sister here rightful half, can I get into trouble legally? They both know about this account, the contact info is the executors mailing address and my sister’s email.

Asked on July 20, 2012 under Estate Planning, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am sorry for the situation that ersulted after your Mother's death.  No, you can not liquidate an account in your Mother's name and the executor can not at this point either.  I am assuming that the estate has been closed and her duties discharged.  The estate would have to be re-opened.  I would speak with an attorney about handling this for you - even just writing a letter - so that they know you  have some legal back up, so to speak.  Good luck.


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