Will

[killer bch]

i just became conservator for my father for whom i moved to south carolina and placed in an altzheimers unit. he was a resident of virginia. my question applies to his will. as conservator, do i have to abide by his will or can i sell off his estate to satisfy his debts? he wanted his businesses to be offered to his employees at a low interest rate to be financed by the estate, but the family members would rather liquidate all his assets now. what can i legally do?

 

[advisor10]

MAY 18, 2001

DEAR KILLERBCH:

You do have the legal papers that authorize you to be conservator, right?

Generally speaking, you must abide by the terms of his will--does he have instructions in there about how the business is to be handled or was his statement (about the business being offered to his employees) merely a verbal one?

You really do need to speak to a local attorney about your situation, because it is somewhat unique. It is possible that your authority as conservator MIGHT give you the power to go ahead and liquidate his assets before he dies (I assume you mean selling the business), but I am not familiar with the requirements of South Carolina law.

SINCERELY,

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