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Richard
Richard, Attorney
Category: Estate Law
Satisfied Customers: 55297
Experience:  29 years of experience practicing law, including tax and estate planning.
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Can the executor of a will choose not to give me what was

Customer Question

Can the executor of a will choose not to give me what was left to me in a will
Submitted: 1 year ago.
Category: Estate Law
Expert:  Richard replied 1 year ago.
Hi! My name is ***** ***** I look forward to helping you!
The only way the executor could do that is if the estate does not have sufficient assets to pay the debts and liabilities of the estate. Creditors of the decedent must be paid first and then the beneficiaries are entitled to their distributions. The estate and its assets are not the executor's personal piggy bank simply because he's the executor. The executor has a fiduciary duty to the decedent and to each beneficiary. Each beneficiary is entitled to have the executor timely file the will for probate, to timely administer the estate specifically pursuant to the terms of the will, to have the executor provide a copy of the full inventory of assets and periodic accounting of every dime in and out of the estate. If your executor fails to timely administer the estate specifically in accordance to the will by giving you what you are due pursuant to the will, you can file a petition with the probate court to have the executor removed as the executor for breach of fiduciary duty. And, if an accounting, which the court will order if the executor has not provided one, shows there to be any misappropriation of estate assets or funds, you can also ask the court to award actual and punitive damages against the executor.
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