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What is an executor and who decides who the executor is, what is probate

Fairmont, MN |

can the person who says he is going to be the executor give away things of value that belonged to the deceased

Attorney Answers 2


  1. An executor is the one who adminsters an estate and is bound to follow certain fudiciary rules.
    The executor is named in will. Probate literally means proving. The probate process is submitting a will to the probate court or register of wills. Once probated, the executor named in the will has power to act for the estate. The executor must follow the terms of the will as it relates to property and generally cannot just give it away.
    If you are a beneficiary you would be well served to retain your own estate counsel to protect your rights and inheritance.

    Hope this helps.

    Please remember to designate a best answer to your question.

    Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is sjfpc@comcast.net , his website for more tax, estate and business articles is www.sjfpc.com. and his blog is

    LEGAL DISCLAIMER Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is sjfpc@comcast.net , his website is www.sjfpc.com. and his blog is <http://frommtaxes.wordpress.com/> Mr. Fromm is ethically required to state that the response herein is not legal advice and does not create an attorney/ client relationship. Also, there are no recognized legal specialties under Pennsylvania law. Any references to a trust, estate or tax lawyer refer only to the fact that Mr. Fromm limits his practice to these areas of the law. These responses are only in the form of legal education and are intended to only provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply or make such reply unsuitable. Mr. Fromm strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received. 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, who is familiar with your specific facts and all of the circumstances 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. Circular 230 Disclaimer - Any information in this comment may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.


  2. An executor is a person appointed by a court to administer a deceased person's estate. In Minnesota, this person is called a personal representative. The probate court in the county in which the decedent resided appoints the personal representative. This appointment results from the submission of an application or petition to the court by an interested person. Probate is the process by which a court determines what a deceased person's assets and liabilities are, who the person's heirs are, whether there is a will, who should receive the assets of the deceased person and who has the authority to administer the estate. No one may give away the assets of the estate without authority and if someone does so before a personal representative is appointed, they may be liable to the estate. Finally, a personal representative or executor has a fiduciary duty to act in a way that protects the best interests of parties interested in the estate. You should consult with an experienced probate attorney if you believe that estate assets are being transferred without authority.

    Mr. Henline is licensed to practice law in the state of Minnesota. He has prcaticed for nearly thirty years and his practice focuses in the areas of trusts, estate planning and probate, real property and small businesses. This does not create an attorney/client relationship. This does not constitue legal advice. The response is intended to provide general legal information. It is limited to facts of the question. You should consult an attorney in the appropriate state involved before making any decisions based on this answer.

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