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I am the residual beneficiary of an estate. Can the executor and attorney convey the furnishings as part of the home sale

Philadelphia, PA |

The executor was aware that I wanted the furnishings. I was asked to leave the furniture in place to stage the home. The executor and attorney allowed the buyer to request the furniture and appliances to get more money out of the sale. Is this legal. Do I have the right to request the buyer's contract be amended to not allow the furnitue to convey. Plse help!

Attorney Answers 2


The answer to your question likely lies in the provisions of the decedent's Will. There should be a personal property provision that directs how the Executor is to dispose of personal items. If the items are to be given to you then I think you would have grounds in stating a case to receive the items and that they should not be sold. If the Will directs that the personal items are to be sold and proceeds to be added to the residue, then the Executor is likely acting within his/her rights.

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The answers to your questions are largely dependent on the specific language in the Will. I would recommend you take a copy of the Will to local counsel as soon as possible so you can be advised as to the extent of your rights.

Best of Luck

Ed Smeltzer

NOTE: This answer was prepared for educational purposes only. By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction and with whom you have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question.

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