What to do if the executor of my grandfather and grandmother’s Will/Trust gave away assets of the estate?

UPDATED: Nov 28, 2013

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What to do if the executor of my grandfather and grandmother’s Will/Trust gave away assets of the estate?

The executor is also my aunt. She held an estate sale to sell furniture and stuff from my grandparents’ house. Everything that did not sell in the one estate sale was given to a charity. We were not consulted. Everything is cataloged. The value is over $60,000. There was no wish in the Will that this be done, as far as we can see she just wanted to get rid of the stuff. Is this OK? Feeling a bit cheated.

Asked on November 28, 2013 under Estate Planning, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The heirs may sue the executor to recover an amount of money equal to what they would have inherited. An executor has no power or authority to do other than what is in the will. In selling what you would have inherited, she committed breach of fiduciary duty and very possibly a form of theft as well, thereby making her liable. The heirs cannot sue the charity, because it did nothing wrong in accepting what it would have believed was a lawful donation.

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