PR distributed property to wrong beneficiaries

[dollyva]

What is the name of your state? VA

Father of 2 children dies; his Will bequeaths his entire estate to his 2 children, one who is a minor. The Administrator of the estate, who is the deceased brother (and children's uncle) had an appraisal of the personal property performed, and then turned around and distributed multiple items of the personal property to his sister and mother, despite that they are not named as beneficiaries in the Will, nor have any evidence to prove these items belong to them (now).

Question:
How do the beneficiaries go about getting these items returned to them without the estate having to absorb the legal/court costs for the Commissioner of Accounts to settle this dispute? In my opinion, it appears that the Administrator is liable, since he not only gave the items to his sister and mother KNOWING that the Will did not bequeath these items to them, but he included the value of the items from the appraisal in the Tangible Personal Property section of the first accounting he filed with the court.

Thank you.

 

[seniorjudge]

What is the name of your state? VA

Father of 2 children dies; his Will bequeaths his entire estate to his 2 children, one who is a minor. The Administrator of the estate, who is the deceased brother (and children's uncle) had an appraisal of the personal property performed, and then turned around and distributed multiple items of the personal property to his sister and mother, despite that they are not named as beneficiaries in the Will, nor have any evidence to prove these items belong to them (now).

Question:
How do the beneficiaries go about getting these items returned to them without the estate having to absorb the legal/court costs for the Commissioner of Accounts to settle this dispute? In my opinion, it appears that the Administrator is liable, since he not only gave the items to his sister and mother KNOWING that the Will did not bequeath these items to them, but he included the value of the items from the appraisal in the Tangible Personal Property section of the first accounting he filed with the court.

Thank you.

Someone who has standing, needs to file for an accounting.

 

[dollyva]

I don't understand your response, as the Administrator of the estate DOES have standing to file the accountings. My question relates to: "Why is the Estate responsible for the legal/court costs to litigate the matter before the Commissioner of Accounts (per the estate attorney), instead of the Administrator of the estate being liable for giving the items to people that are NOT named as beneficiaries in the Will? Thank you.

 

[seniorjudge]

I don't understand your response, as the Administrator of the estate DOES have standing to file the accountings. My question relates to: "Why is the Estate responsible for the legal/court costs to litigate the matter before the Commissioner of Accounts (per the estate attorney), instead of the Administrator of the estate being liable for giving the items to people that are NOT named as beneficiaries in the Will? Thank you.

Q: Why is the Estate responsible for the legal/court costs to litigate the matter before the Commissioner of Accounts (per the estate attorney), instead of the Administrator of the estate being liable for giving the items to people that are NOT named as beneficiaries in the Will?

A: Someone who has standing needs to file for an accounting. The judgment in that case will tell you who pays for the expenses of the accounting.

 

[Dandy Don]

What is the value of the items that were wrongfully given away? Is it even worth it to go to court for this?

Try to find out if the administrator/executor posted an executor's bond, unless the law or the will exempted them from doing so.

 

[dollyva]

What is the value of the items that were wrongfully given away? Is it even worth it to go to court for this?

It's monetarily worth it to go to court, but even if it wasn't, the personal value is worth it. I was really just wondering why the Estate is responsible for any legal/court costs to litigate the items, instead of the individuals (wrongfully) in possession of the items since they are the ones that dispute who the items belong to now.


Try to find out if the administrator/executor posted an executor's bond, unless the law or the will exempted them from doing so.

Exempt by Will.