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Christopher B, Esq
Christopher B, Esq, Attorney
Category: Estate Law
Satisfied Customers: 2922
Experience:  Litigation Attorney with education focus on estate planning and tax
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My question is if an executor can remove a beneficiary from

Customer Question

My question is if an executor can remove a beneficiary from a will if the will expressly gives the executor that right if a beneficiary creates problems regarding the estate
Submitted: 1 year ago.
Category: Estate Law
Expert:  Christopher B, Esq replied 1 year ago.

My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship.

If the terms of the will expressly allow the executor to remove an individual as a beneficiary then the executor better follow this language giving the executor the power to a tee. I believe the court would find the power for an executor to arbitrarily do this against public policy and thus invalid if the standard is not clear and concise. The court then would need an overt act on the part of the beneficiary that specifically broke certain terms of the will in order for that beneficiary to be disinherited. Again this is a high standard and the executor better be completely sure that the language of the will allowing disinheritance is expressly followed. So to answer your question, yes this is possible for an executor to disinherit a beneficiary if expressly provided by the will.

Please let me know if you have any further questions and please positively rate my answer as it is the only way I will be compensated for my time by the site. (There should smiley faces or numbers from 1-5 next to my answer, an excellent or good rating would be fantastic.)

Expert:  Christopher B, Esq replied 1 year ago.

I see you have reviewed my answer, do you have any further questions? If not, please positively rate my answer as it is the only way I will be compensated for my time by the site.

Expert:  Christopher B, Esq replied 1 year ago.

Any chance for a positive rating?