Gaining Control of Estate Property – Turnover Orders

A guardian of the estate or an estate administrator (such as an executor) is entitled to possess and manage all property that belongs to the ward (person who is legally incapacitated) or to the estate. A guardian or an administrator is called a fiduciary. Fiduciaries have a duty to care for the guardianship estate property and decedent’s estate property of others prudently and according to established legal standards. Those legal standards require the fiduciary to take control of all estate property.

Sometimes there are individuals who have control of estate property and refuse to give the property to the fiduciary. Because the fiduciary has the legal duty to take control of all estate property, the fiduciary is subject to legal action if he or she doesn’t take steps to collect the property.

One way for the fiduciary to take control of the estate property is through a motion for turnover order. A turnover order can offer a faster remedy than other options, since it does not require a different lawsuit first.

A turnover order can be especially useful in a circumstance where police officers have become involved, because the order should address that peace officers are entitled to enforce the turnover order and allow to fiduciary to enter estate property and remove personal property items.

The motion and the order should name the property to be removed with as much specificity as possible.