Phone
(800) 973-1540

What are the consequences for giving all of the deceased personal things to charity?

A fellow caregiver asked...

Person A died and had a will, naming Person B the executrix and given all personal effects. Person B signed a waiver to refuse duties, Person C gave all of person A personal effects to charity. what are the consequences for not giving the personal effects to person B??

Expert Answer

Judy and Fred co-mediate family property and financial conflicts, and each work individually as mediators as well. Judy Barber, a mediator and family business consultant, assists clients in resolving overlapping family and money conflicts so they are better able to make sound estate planning decisions. Frederick Hertz is an attorney and mediator who specializes in resolving co-ownership matters involving families, siblings, spouses, cohabitants and domestic partners.

We can't answer your question because we don't know what the will actually said. If it allowed the executor to dispose of the personal effects however they saw fit, then the successor executor (who I assume is person C) would be within his or her legal rights to give them away to charity. But if the will provided that all the personal effects were to go to B, even if she or he resigned as executor, then the successor executor did the wrong thing. You should go back and look at the will to figure out what was required. And, if it the executor did the wrong thing, then she or he should make a claim against Person C.

READ THESE NEXT:
10 Things to Consider Including in a Will
What to Expect from a Trusts and Estates Attorney