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Richard
Richard, Attorney
Category: Estate Law
Satisfied Customers: 54357
Experience:  29 years of experience practicing law, including tax and estate planning.
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Can an executor hold back a beneficiaries outright payment

Customer Question

Can an executor hold back a beneficiaries outright payment while everyone else is paid?
Submitted: 5 years ago.
Category: Estate Law
Expert:  Richard replied 5 years ago.

Good evening. The executor has a fiduciary duty to each and every beneficiary. The executor is not entitled to treat beneficiaries preferentially. If the executor is doing so, the beneficiary that is being treated non-preferentially should file a formal complaint with the probate court.

 

 

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The information given here is not legal advice. As all states have different intricacies in their laws, the information given is general only. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.

 

Customer: replied 5 years ago.
Another question. Probate has been signed off on by judge. There is a tremendous amount of jewelry that is missing from the estate that was noticed right after deceased passed away. Person noticed it and pretended he didn't know until it was discovered 2 months later. Now, two months after probate is closed the executor, who had known this onto is threatening to hold back the money just for one person based on the findings of an insurance investigation. Investigation has not been instituted yet. There are many things in this one statement.
Wouldn't they have the duty to come forward during probate and revealed missing assets? Can they outright blame one person and hold back their money based on no findings? Can a criminal investigation be instituted 6 months after knowing jewelry is missing? How would this tie into will and or probate? This is a tough one and major negligence and interfering with an investigation bit the person who noticed massing jewelry is trying to put blame on beneficiary and off of himself, the executor.
Expert:  Richard replied 5 years ago.

If I were the beneficiary, even though the estate is closed, I would file a claim against the executor. The estate cannot be closed until the assets have been distributed and since the beneficiary has not received their distribution, the beneficiary has a right to file the claim.

 

 

I would appreciate it if you would please click the GREEN ACCEPT button so that I receive credit for my work; otherwise, though you have made a deposit, I do not receive credit.

 

Customer: replied 5 years ago.
Do they have an obligation to tell in probate that things are missing from estate?
Expert:  Richard replied 5 years ago.
Yes...they have an obligation to make a full inventory and if things are not in the inventory that should be, they have a duty to disclose that as well.
Customer: replied 5 years ago.
An can police investigation interfere with payouts or is that seperate?
Expert:  Richard replied 5 years ago.
That should be separate.
Richard and other Estate Law Specialists are ready to help you
Customer: replied 5 years ago.
Who os responsible for attorney fees for the beneficiary? The estate as a whole? In both cases...if they are defending themselves or if they are taking them?? And assuming beneficiary wins case....
Who is responsible if mediation or lawyer is even retained? Estate is huge...
Customer: replied 5 years ago.
Who os responsible for attorney fees for the beneficiary? The estate as a whole? In both cases...if they are defending themselves or if they are taking them?? And assuming beneficiary wins case....
Who is responsible if mediation or lawyer is even retained? Estate is huge...
Expert:  Richard replied 5 years ago.
If the beneficiary prevails, the beneficiary can collect legal fees as part of the judgment. Typically, in mediation, both sides contribute, but you can make the cost part of any settlement or you can agree up front as a condition to mediation that it will be at the expense of the estate.

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