Can an Executor challege gifts made by a decedent to a beneficiary, several years prior to the death of the decedent, to now state the gifts were restricted gifts and fall under the power and discretion of the Executor?
State/Country relating to question: New Jersey
Talking to the Executor. There was no mention of any gifts in the Will of the decedent. The Will directed the Executor to handle the remaining bills and settle the Estate with payment to the beneficiaries.
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Good afternoon. The executor has no pre-death authority over the executor's affairs. The executor's authority is limited to handling the estate of the decedent. What the decedent did in the way of gifts during the decedent's life is not within the scope of executor's authority.
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Do you mean the Executor has no pre-death authority over the decedent's affairs? Thus, if the decedent gave gifts to a beneficiary, with a hope of it being used for the beneficiary's children, then there is no remaining asset of the decedent and is not within the scope of the authority of the Executor.
The executor's role is to administer the decedent's estate. If the decedent gave away all the assets prior to death, there would be no estate to administer. But, the executor doesn't have the right to undo all the gifts made during life to bring them into the estate.
29 Years Practicing Law - Including Tax and Estate Planning
If the Executor persists, can I file a Petition to remove the Executor? I drafted a Petition. How much would it cost to have it reviewed by you prior to my submission?
You can do so and it will be up to the judge to decide whether this constitutes a breach of the executor's fiduciary duty. Unfortunately, under my terms of service with JA, I am not allowed to review the petition for you. I'm so sorry!
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