Estate Law Questions? Ask an Estate Lawyer.
Good morning. My name is Richard.
No, that would not be acceptable and the executor would be in breach of his fiduciary duty. The estate assets are not the executor's personal piggy bank. The executor has a fiduciary duty to each beneficiary. The executor has no right to hold a beneficiary's money hostage. If the executor has a separate claim against a beneficiary, the executor needs to file suit, get a judgment, and then go after the beneficiary independently. But, the executor has no legal right to misappropriate estate money to pay a separate claim. That's a breach of fiduciary duty and will subject the executor to removal and actual and possibly punitive damages.
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