fbpx Can the executor of a will use or give away the deceased's property? | People's Law School

You are here

Wills & Estates

Q&A

Can the executor of a will use or give away the deceased's property?
I'm worried that my deceased father's assets are being given away or used without my knowledge. I'm a beneficiary under my father's will. My brother is the executor of the will. Can my brother give away my father's money or use my father's car? My brother hasn't told me what his plans are for distributing the estate.

Can the executor of a will use or give away the deceased's property? - Nicco Bautista

Unless there are specific directions given to the executor under the will, the executor has a duty to preserve and protect the assets of the estate until the assets are delivered to the beneficiaries. This includes ensuring that the tangible assets of the deceased are in relatively the same condition as they were on the date of death (for example, no additional miles on the deceased's vehicles, and no additional wear and tear on the deceased’s home or other property). An exception to this might be a spouse who continues to live in the matrimonial home, or a tenant who continues to rent in an investment property of the deceased for which there is a valid tenancy agreement.

Nicco Bautista
BMO Wealth Management
Reviewed October 2017

Was this helpful?

Browse answers from legal professionals to questions that others have asked.

Still can’t find the answer? Submit your own question.