Personal representative powers

UPDATED: Oct 1, 2022

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Personal representative powers

Can a personal representative give
estate property to her son in lieu of
cash for work he performed inside the

Asked on November 6, 2017 under Estate Planning, Minnesota


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If there is a will, he cannot give any property specifically willed or left to any heirs or beneficiaries, since he must obey the terms of the will.
If not specifically willed, he may do this so long as he does not overpay: e.g. for $3,000 of work, he could pay with property worth approximately $3,000 (give or take; the valuation will not be exact)--or less,if  the son is willing to take less (doing so would be a good thing for the estate and its heirs/beneficiaries, since it is saving money/value for them). If the PR "overpays" his son, he would likely be engating in "self dealing"--benefiting himself, his family, or his associates at the expense of the heirs/beneficiaries--and so would be violating his fiduciary duty and could be liable.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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