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    wallabee4's Avatar
    wallabee4 Posts: 294, Reputation: 19
    Full Member

    Sep 27, 2011, 08:16 AM
    Any legal recourse to POA/Executrix taking items of estate prior to death as 'gifts'?
    OK. Just found out the executrix of an estate who was also POA before death took several items to Goodwill for donation and had her own name put on the receipts and used these for her own itemized deductions in her taxes (not the account of the decedent, as her taxes aren't itemized) Sure, these items may constitute a gift from decedent to POA prior to death and then POA donated them to charity. (Is there anything illegal about that considering the decedent was incapaciated by illness at time this occurred?) But the executor (same person as POA) is now using those receipts to claim they were items that do not belong to the personal property of the estate now to be divided into 8 equal shares because they were disposed of prior to death. She is most definitely now using the receipts and referring to the items as belonging to the decedent, not herself. She never states they were gifts to her that she then donated (except, apparently, on her own taxes). Further, POA also took many valuable items for her own keeping prior to death. She is one of the heirs but now none of the personal property is available to be divided by the other heirs because the executrix when she was POA of the person before death took all those items. Again there is no written proof these were gifts, just word of POA. But would these gifts nevertheless be part of the estate, especially since POA/executrix knew she was not sole heir in the will?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man

    Sep 27, 2011, 09:42 AM
    The will/estate needs to be submitted to probate. The probate court will look at these actions and determine whether there was abuse.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
    Uber Member

    Sep 27, 2011, 09:52 AM
    The estate needs to be fully itemized with the missing items prior to being submitted for probate. Is there an ongoing estate probate submitted to the probate court? Any good probate attorney can challenge the missing items from the estate in the inventory list submitted to the court. Consult with a good probate attorney to get the items returned to the estate by the judge.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977

    Sep 27, 2011, 04:51 PM
    In my experience, Goodwill will give you a blank receipt, not stating a value. If you claim the donations as a charitable deduction, it is up to you to put a value on them.

    If the items were worth more than the probable expense of selling them, and assuming the executrix cannot prove they were given to her prior to the decedent's death, she would owe the estate the net value.

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