My mother died recently. I am not inheriting anything per her will but my brother has been slowly clearing out her house (selling and donating items). Her estate is currently in probate and filed with the court - the hearing is May 2. Is it legal for him to take out property and dispose of it?
To fully answer your question would require information that you haven't provided. Has your brother been appointed to serve as the Personal Representative? If so, then it's his responsibility to make distributions from the estate in accordance with the will. Those distributions have to be made before the estate can be closed, so if he's the person in charge and he's following the terms of the will, then he's doing exactly what he should be.
If the hearing that you mentioned is to have him appointed as Personal Representative, then technically at this point he should not be disposing of any assets of the estate. If those named as beneficiaries of the will are worried that their share is being given away, they should take steps to get an accurate inventory of all the property and put your brother on notice that he cannot make any distributions until he is appointed by the court, and even then only in accordance with the terms of the will.
The information provided here is not legal advice. It is for general educational purposes only and based on the limited facts given, which may have omitted important details. No attorney-client relationship has been created. You should seek the assistance of an attorney if you want legal advice specific to your case.
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