Executor rights

[Bruce01753]

Does an executor have the right to remove property from a garage within the estate which is occupied by one of the beneficiaries before the property is sold

[Pezza54]

Whose property was it? Did it belong to the deceased and part of their estate?

[PallasAthena]

Generally speaking the Executor has the same rights and duties the deceased would have had in this situation.

Is the garage building itself owned by the deceased? But the contents in it belong to someone else (that person in this case also being a beneficiary)?

If there was a formal contract between the deceased and and the beneficiary then the Executor can't just remove the property. They would have to terminate the contract in accordance with its cancellation provisons.

But if the property was there with no formal contract, just an informal family arrangement, then the Executor probably has the same right as the deceased would have had to remove the property in order to sell the garage/house..

They would have a duty to remove it somewhere and keep it safe until the beneficary had a reasonable time to collect it though, not just fling it out into the rubbish bin or dump it on the street without notice.

[Bruce01753]

Yes the property was owned by the deceased. A valuable item has been removed with no notice or official paperwork presented. The executor does not yet have grant of probate

[atticus]

Have you asked this person about it?

[Bruce01753]

They will not communicate with us. Neither will the appointed probate estate solicitor

[PallasAthena]

A valuable item has been removed with no notice or official paperwork presented. The executor does not yet have grant of probate

Has the valuable item been returned to the owner/beneficiary, or have they been told where they can collect it from?

The Executor doesn't need probate to take possession of the house and garage.

Was there a formal written agreement with the deceased to store the item in the garage, or was it an informal or family arrangement not recorded in writing?

[atticus]

If it belongs to you, demand its return, with a warning that if it is not returned in the condition in which it was taken you will sue for damages.

[des8]

So a valuable item owned by the deceased has been taken by the executor.
The executors duties include safeguarding the estate, so perhaps he has taken the item into safe custody.
By not communicating with a beneficiary, he might be breaching his fiduciary duty to the beneficiary.

A solicitor appointed by the executor will often only communicate with the executor

[PallasAthena]

So a valuable item owned by the deceased has been taken by the executor.

My understanding is that the garage itself is owned by the deceased but the valuable item in it is owned by someone else who was storing it in the garage with the deceased's permission. The owner of the valuable item happens to be a beneficiary of the deceased's estate as well but I don't think that is significant as the valuable that was being stored isn't part of the deceased's estate.

If I've misunderstood hopefully Bruce01753 will correct me.

[des8]

My understanding is that the garage itself is owned by the deceased but the valuable item in it is owned by someone else who was storing it in the garage with the deceased's permission. The owner of the valuable item happens to be a beneficiary of the deceased's estate as well but I don't think that is significant as the valuable that was being stored isn't part of the deceased's estate.

If I've misunderstood hopefully Bruce01753 will correct me.

Be good to have clarification as posts are a little confusing

Post 1 "Does an executor have the right to remove property from a garage?"
Post 2 "Whose property was it?"
Post 4 "the property was owned by the deceased"

I understand the "property" in question and answer was the valuable item and not the "real property", but perhaps Bruce01753 could clarify the situation
Difference between personal property and real property often causes confusion when not delineated (especially to me!)

[Bruce01753]

Apologies. The garage belonged to the deceased. A valuable car was removed from the garage. There was correspondence back and forth between the beneficiary(owner of the garage contents including the car) and the probate solicitor as to whether a tenancy agreement was in place, yet he still kept to the 14 day notice given and removed the car on the 14th day. We have received no correspondence since the removal of the car

[atticus]

Deleted.