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What Can We Do If the Executor Decides to Ignore the Will and Keep Money for Herself?

  • April 14th, 2020
Q
My eldest sister is the executor of our mother’s estate. She found additional money that belonged to my mother. She is not following my mother’s will and dividing the additional money between all siblings. Instead, she said she is keeping it for herself because she has suffered the most. What can we do?
A

That is clearly a violation of your sister’s fiduciary duty as executor of your mother’s estate. She does have a right to be compensated fairly for her work as executor, but not to receive more than her rightful share under your mother’s will. A letter from a lawyer to your sister pointing this out may be enough to get her to make another decision. Ultimately, you could get a court order, but unless there’s a lot of money involved, your legal costs may well exceed what you recover.

For information on an executor’s duties, click here.

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Last Modified: 04/14/2020

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