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My name is ***** ***** and the question is:
, After all

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Customer: My name is *****...
Customer: My name is ***** ***** and the question is:
JA: Thanks. Can you give me any more details about your issue?
Customer: After all the other beneficiaries have been paid, can an executor of an estate refuse to pay and hold hostage the payment one of the beneficiaries claiming that that beneficiary owes money to the executor for an unrelated issue?
JA: OK got it. Last thing — JustAnswer charges a fee (generally around $18) to post your type of question to Estate Law Experts (you only pay if satisfied). There are a couple customers ahead of you. Are you willing to wait a bit?
Customer: OK... I'll go for $18
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Submitted: 2 years ago.Category: Estate Law
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12/18/2015
Estate Lawyer: Richard, Attorney replied 2 years ago
Richard
Richard, Attorney
Category: Estate Law
Satisfied Customers: 56,017
Experience: 29 years of experience practicing law, including tax and estate planning.
Verified

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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Richard
Richard
Richard, Attorney
Category: Estate Law
Satisfied Customers: 56,017
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Experience: 29 years of experience practicing law, including tax and estate planning.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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