"My mom is one of three executors...the
belongings of the house are to be divided among nine people nieces/nephews (including
3 executors). Do all executors need to be present when the items are disbursed?
i.e. clothes, nick nacks, furniture?? My mom was not present a few times while
people came to go through the belongs and doesn't think this is legal."
I hope that everyone who becomes an executor of an estate with a newly vacant house immediately changes the locks on the house. Oh yes, I'm aware that this will royally frost the family members who feel entitled to have the run of the place, but executors should do it anyway. Otherwise, people are going to go to the house and help themselves. This is stealing. Even if the will says that you are going to inherit something from the estate, you must receive that item from the executor, or accept it with the full knowledge and agreement of the executor. Otherwise, you are stealing from the estate.
I know that seems like strong language, but think about it. If the deceased person were still alive, would you back your truck up to the house and load up all the stuff you like without permission? I certainly hope not. So, why is it ok to do that when the deceased's items are now in the hands of the executor? The executor is the representative and spokesperson for the deceased.
The individuals who take items from the house may or may not be the people named in the will. They may or may not take the things that are supposed to go to them. The end result is that the wishes of the deceased are not being followed. Trust me, every family member will have his or her own opinion on who "should" get something from the house and what it "should" be. They will pretty much all be wrong, because it's not up to them.
It's up to the executors to read and interpret the will. If the will says that a specific group of nine people are to inherit the household goods, then all of those nine people together with the executors should show up together at the house to go through the division process. Nobody should be going through without at least one of the executors present, and that executor should have talked with the other executors to agree on the division ahead of time.
Executors who allow family members to indulge in an uncontrolled feeding frenzy of household items resulting in items being improperly distributed should be aware that the value of any missing items may have to be repaid out of the executor's own pocket.
