Does the executor of an estate have the authority to dispose of property without consulting the beneficiaries? State of MD.

The executor is required to inventory all property of the estate, and then account to the court for its disposition. If she has the customary powers associated with the office of executor, she is not required to consult with you absent provisions in the Will to the contrary. As an interested person, you are entitled to go to the Register of Wills office and ask for a copy of the Will. If you think she is not handling the property of the estate appropriately, you can file a proceeding with the Orphan's Court, asking for her removal.

Under Maryland law, the executor must file an accounting and inventory of all estate assets, and cannot begin disposing of property until granted authority by the court, and then only pursuant to the will. Consult with a local lawyer who handles probate and estate matters. You can also go to the courthouse and look up the estate, review all filings, inventories and accountings, etc. A motion can be filed as well with the court, requesting that the executor be ordered to cease disposing of property until further court order. A letter to your sister may also be a prudent first step, putting her on notice of your concerns and that you intend to hold her responsible to restore to the estate any property or its fair market value which she wrongfully disposes of without proper authority or accounting. The heirs can all agree with the executor on a joint plan on how to handle these matters, so as to avoid further dispute, and to minimize litigation expenses over these disagreements.

You will need to look at the will to see what powers were granted to the executor. A well drawn will often includes broad powers to dispose of property-usually without consulting beneficiaries. If you have an interest in acquiring specific property owned by the estate, consider contacting the executor to express this wish. As long as the executor follows the instructions of the will and other complies with the law, property can be distributed or sold to anyone. If you do not feel that your relationship with the executor is such that a good dialog can be had about your wish, consider hiring a lawyer to assist you with this task. Good luck and I hope things work out for you.

What does the Will say? Does it say division as 3 request? Or does it say Executor makes decisions? My clients request both - Please post. does not constitue legal advice. It is limited to facts of the question. You should consult an attorney in the appropriate state involved before making any decisions based on this answer

As Mr. Arvin correctly points out, the terms of the Will control. Your sister has some discretion, but disposing of personal items without giving the beneficiaries notice or a chance to take items, probably is outside the scope. The document, however, could authorize and instruct that conduct. You really need to find a local attorney and show them the Will so they can help you. Since your sister's conduct is ongoing, you should do so immediately. With all that said, take a step back. Now that you are aware, have you contacted your sister and asked her to stop? Tell her your interested in the items? Personal communication is always best to try at the beginning.