If my mother gave away numerous items listed on her Will and then passed away, how do I account for the items that are missing when I go to probate court?
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If my mother gave away numerous items listed on her Will and then passed away, how do I account for the items that are missing when I go to probate court?
Asked on September 15, 2011 under Estate Planning, Virginia
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
I am so sorry for your loss. As the executor of the Will it is your obligation to marshall all the assets and to make an inventory of the assets of the estate. I would do so with someone who has no interest in the estate or its contents to protect yourself from any claims that the property was in any way misappropriated. The property that she gave away was hers to do so prior to her death, The beneficiary of the item had no right to it until after she passed. If it was no longer a part of the estate then she or he is out of luck. Good luck to you.
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