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.